Prateek Kher

Hurt, Wrongful Restraint, Kidnapping & Sexual Offences

Subject: Criminal Law (IPC / Bharatiya Nyaya Sanhita)
Scope: Simple & Grievous Hurt, Wrongful Restraint & Confinement, Kidnapping, Abduction, Sexual Offences and Rape.

1. Simple Hurt vs Grievous Hurt

Simple Hurt
IPC, 1860 - Sec 319 BNS, 2023 - Sec 114

Causing bodily pain, disease, or infirmity to any person.

Grievous Hurt
IPC, 1860 - Sec 320 BNS, 2023 - Sec 116

Only the eight specified kinds of hurt are designated as grievous hurt.

Exam Point: There are exactly 8 categories of Grievous Hurt under IPC Sec 320 / BNS Sec 116.
# Grievous Hurt Categories
1 Emasculation
2 Permanent privation of sight of either eye
3 Permanent privation of hearing of either ear
4 Privation of any member or joint
5 Permanent impairment of powers of any member or joint
6 Permanent disfiguration of head or face
7 Fracture or dislocation of bone or tooth
8 Hurt endangering life or causing severe pain / inability to pursue normal activities for 20 days

2. Wrongful Restraint vs Wrongful Confinement

Feature Wrongful Restraint
IPC Sec 339 BNS Sec 126 		Wrongful Confinement
IPC Sec 340 BNS Sec 127
Nature Partial restraint in one direction. Total restraint within fixed limits.
Example Blocking a public pathway. Locking someone inside a room.

3. Kidnapping & Abduction

Kidnapping from India
IPC Sec 360 BNS Sec 137(1)

Conveying any person beyond India's boundaries without consent.

Kidnapping from Lawful Guardianship
IPC Sec 361 BNS Sec 137(2)
  • Male minor below 16 years.
  • Female minor below 18 years.
  • Person of unsound mind.
Abduction
IPC Sec 362 BNS Sec 138

Compelling by force or inducing by deceit any person to move from a place.

Abduction is not an independent offence. It becomes punishable only when coupled with a specific criminal intention.

4. Sexual Offences & Rape

Definition of Rape
IPC Sec 375 BNS Sec 63

Expanded significantly through the Criminal Law (Amendment) Act, 2013 after the Nirbhaya case.

Punishment for Rape
IPC Sec 376 BNS Sec 64

Prescribes punishment for rape and aggravated forms.

Consent Rule:
IPC Sec 90 BNS Corresponding Principle

Consent obtained under fear of injury or misconception of fact is not valid consent in law.

Age of Consent: Consent of a girl below 18 years is legally invalid. Sexual intercourse with a minor constitutes statutory rape.

5. Landmark & Recent Cases

Varadarajan v. State of Madras (1965)

Clarified "taking or enticing" under kidnapping. Mere voluntary accompaniment of a minor without inducement may not amount to kidnapping.

State of Punjab v. Gurmit Singh (1996)

Testimony of a rape survivor does not require corroboration unless compelling reasons exist.

IPC Sec 228A

Sexual offence trials should ordinarily be conducted in-camera to protect the victim's identity.

Independent Thought v. Union of India (2017)

Read down Exception 2 to IPC Sec 375 and held that sexual intercourse with a wife below 18 years amounts to rape.

6. Bare Act Navigation Tips for AIBE

Section Mapping (IPC ↔ BNS)
  • IPC Sec 319 → BNS Sec 114 (Simple Hurt)
  • IPC Sec 320 → BNS Sec 116 (Grievous Hurt)
  • IPC Sec 339 → BNS Sec 126 (Wrongful Restraint)
  • IPC Sec 340 → BNS Sec 127 (Wrongful Confinement)
  • IPC Sec 361 → BNS Sec 137 (Kidnapping)
  • IPC Sec 375 → BNS Sec 63 (Rape)
Most Tested Numbers
  • Grievous Hurt Categories = 8
  • Male Minor = Under 16 Years
  • Female Minor = Under 18 Years
  • Age of Consent = 18 Years
  • 20 Days Severe Pain Rule = Grievous Hurt
AIBE Quick Revision Formula

Hurt = IPC 319 / BNS 114, Grievous Hurt = IPC 320 / BNS 116, Kidnapping = IPC 361 / BNS 137, Abduction = IPC 362 / BNS 138, Rape = IPC 375 / BNS 63, Age of Consent = 18 Years.