IPC ingredients

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IPC 307

Attempt to murder.

Ingredients:

a) whoever does any act, with intention or knowledge, which may cause death and 

b) in furtherance to the said intention and knowledge, he was doing an act towards it.

a) To determine whether an act is done within the ambit of section 307, three considerations appear to be essential- the nature of the act done, the intention or knowledge of the accused, and the circumstances under which the act is done. For the purpose of this section what is material is the intention or knowledge of the accused and not the consequences of the actual actions done for the purpose of carrying out the intention. What has the court has to see is whether the act was done with the intention or knowledge. The intention or knowledge of the accused must be such as is necessary to constitute murder. Without this ingredient being established, there can be no offense of “attempt to murder”. 

The intention is to be gathered from all circumstances, and not merely from the consequences that follow. The nature of the weapon used, the manner in which it is used, the motive of the crime, the body part where the injury is inflicted is some of the factors that may be taken into account to determine the intention or knowledge (i.e. Mens Rea ) of the accused.

b) In order to commit an offence of attempt to murder, an act should be done which must be capable of causing death in the natural and ordinary course of things.

For example, X, intending to murder Y with poison, procures a white powder containing poison and secretly mixes the same with food that remains in X’s keeping. X has not yet committed the offense defined above. But if X places the same food on Y’s table or delivers it to Y’s servant to be placed on Y’s table, X has done an offense amounting to an attempt to murder.

In Vasan Jadhav vs. State of Maharashtra (2004), the Supreme Court observed that to justify a conviction under section 307 it is not essential that bodily injury capable of causing death should have been inflicted. Although the nature of injury actually caused may often give considerable assistance in coming to a finding as to the intention of the accused, such intention may also be deducted from other circumstances, and may even in some cases, be ascertained without any reference at all to actual wounds. What the court has to see is whether the act, irrespective of its result, was done with the intention or knowledge under circumstances mentioned in the section. If the intention is to commit murder and in pursuance of that intention a person does an act towards its commission irrespective of the fact that the act is penultimate or not, the offence under section 307, IPC would be made out. An attempt in order to be criminal need not be the penultimate act. It is sufficient in law if there is present an intent coupled with some act in execution thereof.

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IPC 323

The essential ingredients of Section 323 of IPC are as under:- 

(1) Accused actually caused bodily pain, disease or infirmity. 

(2) Accused did so with intention of causing hurt or with knowledge that hurt was likely to be caused. 

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IPC 324

The essential ingredients for Section 324 IPC are as follows:

(i) that the accused caused by his act bodily pain, disease or infirmity to the complaint;

(ii) that he did such act intentionally or with knowledge that it would cause the pain, etc.;

(iii) that it was unprovoked;

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IPC 325

The essential ingredients of Section 325 of IPC are as under:- 

(1) Accused caused hurt. 

(2) Hurt was grievous as provided in Section 320, I.P.C. 

(3) Hurt was caused voluntarily. 

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IPC 327

“Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal, or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

i) A person should voluntarily cause hurt or grievous hurt;

ii) It should be for the purpose of extorting from the victim or from any person interested in the victim, any property or valuable security; or

iii) Should be for the purpose of compelling the victim or any person interested in the victim to do an illegal act or facilitate the commission of an offence.

It is not necessary that the property should have been obtained, but it should have been object, and with that object the hurt in question should have been inflicted.

The crux of Sections 327 and 329 is not the nature of the injury, but the purpose for which the injury has been caused. Of course, the nature of the injury caused will determine the quantum of punishment. If the injury caused is simple hurt, then the punishment prescribed is imprisonment of either description for a term which may extend to 10 years and fine under Section 327. If the injury caused is grievous hurt, then the punishment prescribed is imprisonment for life or imprisonment of either description for a term which may extend to 10 years and fine under Section 329.

Offence under Section 327 and 329 are cognizable and warrant should issue in the first instance. They are non-bailable and non- compoundable and the offence under Section 327 is triable by a Magistrate of the first class and the offence under Section 329 is triable by the Court of Session.

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IPC 355

Section 355 IPC. Assault or criminal force with intent FIR No:500/2000 State Vs. Vinod Arya to dishonour person, otherwise than on grave provocation.-

whoever assault or uses criminal force to any person, intending thereby to dishonour that person, otherwise then on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to 2 years, or with fine, or with both.

14. The essential ingredients of section 355 IPC are a) assault or use of criminal force to another person, b) intention to dishonour that person and c) it should be used otherwise than on grave provocation.

https://indiankanoon.org/doc/14062287/

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IPC 385

Ingredients of section 385 of IPC

• The offender puts or attempts to put a person in fear of injury.
• The intention is to commit the offence of extortion.

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IPC 504

a.That the accused insulted some person.

b.That he did so intentionally.

c.That he thereby gave provocation to some person.

https://indiankanoon.org/doc/196339640/ 

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IPC 506

The essential ingredients of Section 506 of IPC are as under:- 

(1) Accused threatened complainant, his person, property or reputation or the person or reputation of any one in whom he is interest. 

(2) Such threat was with some injury. 

(3) Threat was with intent to 

        (1) cause alarm to complainant. 

        (2) to cause complainant to do any act which he was not legally bound to do, 

        (3) to cause to omit to do any act which he was legally entitled to do. 

(4) Threat given was (1) to cause death, (2) to cause grievous hurt, (3) to cause destruction of any property, (4) to cause an offence punishable with death, imprisonment for life, imprisonment for a term which may extend to 7 years or to impute unchastity to a woman. 

(5) Accused intended complainant so threatened or alarmed to do any act which he was not legally bound to do or to omit to do any act which the complainant was legally entitled to do as the means of avoiding the execution of such threat.

References:

1. https://www.shareyouressays.com/knowledge/causing-hurt-or-grievous-hurt-to-extort-property-section-327-329-of-ipc/119072