IPC Sections Relevant to Medical Practice
Forensic Medicine · Medical Jurisprudence · lean revision notes
IPC Sections Relevant to Medical Practice
Medical jurisprudence questions in NEET PG increasingly present a clinical or medico-legal vignette and ask which section applies, not merely the definition. This note maps the Indian Penal Code (IPC) sections every clinician must know — homicide, negligence, hurt, miscarriage, sexual offences and cruelty — to the scenarios you will face in casualty, the labour room and the witness box.
High-yield: The IPC (1860) is the substantive criminal law; the CrPC (1973) is procedural; the Indian Evidence Act (1872) governs proof. From 1 July 2024, the IPC is replaced by the Bharatiya Nyaya Sanhita (BNS), 2023, the CrPC by the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Evidence Act by the Bharatiya Sakshya Adhiniyam (BSA). Examiners are in a transition phase and may quote either the old IPC number or the new BNS number — learn the pairs.
Orientation: where these sections sit
The IPC is divided into offences against the human body (Chapter XVI, §§299–377). Almost everything of medico-legal relevance — death, hurt, miscarriage and sexual offences — falls within this chapter. A doctor encounters the IPC in three roles: as an examiner of victims/accused, as an expert witness, and occasionally as an accused (negligence, illegal abortion, breach of professional duty).
1. Offences affecting life: homicide
Culpable homicide (§299) is causing death with intention or knowledge that the act is likely to cause death. Murder (§300) is the aggravated form — culpable homicide is murder when the intention/knowledge crosses a higher threshold (intent to cause death, or injury sufficient in the ordinary course of nature to cause death). The relationship is hierarchical: all murder is culpable homicide, but not all culpable homicide is murder.
| Feature | Culpable homicide not amounting to murder | Murder |
|---|---|---|
| IPC section | §299 (definition), punished under §304 | §300 (definition), punished under §302 |
| BNS equivalent | §100 (def) / §105 (punishment) | §101 (def) / §103 (punishment) |
| Degree of intent/knowledge | Lower — death "likely" | Higher — death intended or virtually certain |
| Punishment | Life or up to 10 yr (Part I) / up to 10 yr or fine (Part II) | Death or life imprisonment, plus fine |
High-yield: §302 IPC = punishment for murder (death or life). §304 IPC = punishment for culpable homicide not amounting to murder. Do not confuse §304 with §304A.
- §304A — Death by rash or negligent act (not amounting to culpable homicide). This is the single most important section for doctors. Death of a patient due to medical negligence is charged here. Punishment: imprisonment up to 2 years, or fine, or both. BNS equivalent: §106(1) — punishment now up to 5 years (a frequently tested update; a higher term applies to registered medical practitioners only after the Indian Medical Association's representations led to a notified protection, but the statutory ceiling stands at 5 yr for negligent death generally).
High-yield — Jacob Mathew v. State of Punjab (2005): A doctor can be prosecuted under §304A only when negligence is "gross" (the Bolam standard applied criminally). Before arrest, the investigating officer should obtain an independent, competent medical opinion, preferably from a doctor in government service. This SC guideline is a perennial favourite.
- §306 — Abetment of suicide; §309 — attempt to commit suicide (decriminalised in effect by the Mental Healthcare Act 2017, §115, which presumes severe stress — important MCQ).
- §174/176 CrPC (procedural, often paired): inquest and the duty to inform police of unnatural/suspicious death.
2. Offences affecting the unborn: miscarriage (§§312–318)
This block is heavily tested because it interfaces with the MTP Act 1971 (amended 2021). The IPC criminalises miscarriage; the MTP Act provides the lawful exception.
| Section | Offence | Key point | Punishment |
|---|---|---|---|
| §312 | Causing miscarriage (not in good faith to save the woman's life) | Consent of woman present | 3 yr / fine; 7 yr if the woman is "quick with child" (quickening) |
| §313 | Causing miscarriage without woman's consent | Aggravated | Life or up to 10 yr + fine |
| §314 | Death caused by act done to cause miscarriage | — | Up to 10 yr (or life if without consent) |
| §315 | Act preventing child being born alive / causing it to die after birth | Pre-/peri-natal | Up to 10 yr + fine |
| §316 | Causing death of a quick unborn child by an act amounting to culpable homicide | "Foetal culpable homicide" | Up to 10 yr + fine |
| §318 | Concealment of birth by secret disposal of dead body | — | Up to 2 yr + fine |
High-yield: "Quick with child" = the woman has felt foetal movements (quickening, ~16–18 weeks). Punishment under §312 jumps from 3 to 7 years once she is quick. §316 specifically punishes killing of a quick unborn child.
High-yield: §312 applies to anyone, including the woman herself who causes her own miscarriage. The lawful exception is a registered medical practitioner acting within the MTP Act (gestational limits: up to 20 weeks one RMP; 20–24 weeks two RMPs for specified categories; >24 weeks only via Medical Board for substantial foetal abnormality).
Approach to a miscarriage MCQ: Identify three things → (1) consent present or absent? → (2) was the woman "quick"? → (3) did death result? This triages you to §312 vs §313 vs §314/316.
3. Offences affecting the body: hurt (§§319–338)
This is the bread-and-butter of casualty medico-legal reports. The doctor's job is to classify an injury as simple or grievous — the categories that drive the section charged.
- §319 — Hurt: bodily pain, disease or infirmity.
- §320 — Grievous hurt: a closed list of eight clauses — memorise them.
- §321/322 — voluntarily causing hurt / grievous hurt.
- §323 — punishment for voluntarily causing hurt (up to 1 yr / fine).
- §324 — voluntarily causing hurt by dangerous weapons (up to 3 yr).
- §325 — punishment for voluntarily causing grievous hurt (up to 7 yr + fine).
- §326 — grievous hurt by dangerous weapons.
- §326A — voluntarily causing grievous hurt by acid attack (minimum 10 yr, up to life + fine to victim); §326B — attempt to throw acid.
High-yield mnemonic for the 8 clauses of grievous hurt (§320) — "EFFED PB Twenty"-ish; classic version "Privation, Emasculation, Eye, Ear, Bone, Disfiguration, Member, Twenty":
- Emasculation (loss of masculine power — applies only to males)
- Permanent privation of sight of either eye
- Permanent privation of hearing of either ear
- Privation of any member or joint
- Destruction/permanent impairment of powers of any member or joint
- Permanent disfiguration of head or face
- Fracture or dislocation of a bone or tooth
- Any hurt that endangers life, or causes the sufferer to be in severe bodily pain / unable to follow ordinary pursuits for 20 days.
High-yield: The "20 days" rule (clause 8) is the most-asked single fact. Inability to follow ordinary pursuits OR severe bodily pain for ≥20 days makes an otherwise simple injury grievous. A simple fracture of a finger is grievous (clause 7 — fracture/dislocation), even if it heals quickly.
| Injury classification | IPC basis | Examples |
|---|---|---|
| Simple hurt | §319 | Bruise, abrasion, small laceration, single black eye healing < 20 days |
| Grievous hurt | §320 (8 clauses) | Any fracture/dislocation, loss of vision/hearing, disfiguring facial scar, >20-day disability |
| Dangerous hurt | not a separate IPC term but charged under §326/§307 | Injury endangering life — e.g., penetrating chest wound |
- §307 — Attempt to murder; §308 — attempt to culpable homicide. A doctor's opinion that an injury was "dangerous to life / could have caused death" supports a §307 charge.
- §336–338 — act endangering life/personal safety; causing hurt (§337) or grievous hurt (§338) by rash/negligent act. §337/338 may be invoked against a doctor for non-fatal negligence (e.g., wrong-site surgery causing grievous hurt).
High-yield: Distinguish §304A (negligent death) from §337/§338 (negligent hurt / grievous hurt) — same "rash or negligent" mental element, different outcome. Outcome decides the section.
4. Sexual offences (§§375–377, 354, 509)
Post the Criminal Law (Amendment) Act 2013 (the "Nirbhaya" amendment, following the Justice Verma Committee), the definition of rape was widened and several new sections added. NEET PG loves the procedural and definitional changes.
- §375 — Rape (definition): sexual intercourse/penetration by a man with a woman under any of the described circumstances (against her will, without consent, consent obtained by fear/fraud, woman a minor, etc.). Penetration to any extent constitutes intercourse; previously narrowly defined, now includes oral, anal and object/finger penetration.
- §376 — Punishment for rape: rigorous imprisonment minimum 10 years, extendable to life + fine.
- §376A — rape causing death or persistent vegetative state (min 20 yr to death).
- §376AB — rape of a girl below 12 yr (min 20 yr to death — POCSO overlaps).
- §376D — gang rape (min 20 yr to life).
- §376E — repeat offenders (life or death).
| Element | Pre-2013 | Post-2013 amendment |
|---|---|---|
| Age of consent | 16 yr | 18 yr |
| Definition of penetration | Penile-vaginal only | Any penetration (oral/anal/object) |
| Marital rape | Exempt (>15 yr wife) | Exempt only if wife <15 yr (now SC scrutiny) |
| Two-finger test | Practised | Banned (SC: Lillu v. Haryana 2013; reaffirmed State of Jharkhand v. Shailendra Kumar Rai, 2022) |
High-yield: The age of consent is 18 years (raised from 16 in 2013). Consent of a girl below 18 is immaterial — intercourse is statutory rape. POCSO Act 2012 covers all victims below 18 regardless of sex and overrides where it gives stronger protection.
High-yield: The two-finger (per-vaginum) test is prohibited and its conduct now amounts to misconduct. The status of the hymen and vaginal laxity is not determinative of consent or rape. This is a recurrent single-best-answer trap.
- §354 — Assault/criminal force to outrage modesty of a woman; §354A sexual harassment, §354B disrobing, §354C voyeurism, §354D stalking.
- §509 — Word/gesture/act intended to insult the modesty of a woman.
- §377 — Unnatural offences: "carnal intercourse against the order of nature." Read down by Navtej Singh Johar v. Union of India (2018) — consensual same-sex acts between adults are no longer criminal; §377 now applies to non-consensual acts and bestiality.
5. Cruelty and dowry (§498A, §304B)
- §498A — Cruelty by husband or his relatives: wilful conduct likely to drive a woman to suicide/grievous injury, or harassment for dowry. Punishment up to 3 years + fine. Cognizable, non-bailable, non-compoundable.
- §304B — Dowry death: death of a woman by burns/bodily injury or otherwise than under normal circumstances within 7 years of marriage, shown to have been subjected to cruelty/harassment for dowry soon before death → presumption of dowry death (with §113B Indian Evidence Act). Punishment: minimum 7 years to life.
High-yield: §304B (dowry death) has two hard numerical anchors: within 7 years of marriage and "soon before death". The autopsy surgeon's role is critical — manner of death (burns, poisoning) and corroboration. Linked evidentiary presumption: §113B Indian Evidence Act.
| Section | Offence | Numeric anchor | Punishment |
|---|---|---|---|
| §498A | Cruelty for dowry | — | ≤3 yr + fine |
| §304B | Dowry death | <7 yr of marriage | 7 yr to life |
| §306 | Abetment of suicide | — | ≤10 yr + fine |
6. Sections governing the doctor's medico-legal duties (CrPC & IPC overlap)
Though procedural, these pair constantly with IPC questions:
- §39 CrPC — duty of every citizen (doctor included) to inform police of certain offences.
- §174 CrPC — police inquest into unnatural death.
- §176 CrPC — magistrate's inquest (mandatory in custodial/dowry deaths).
- §53/53A CrPC — examination of the accused by a medical practitioner at the request of police (53A specifically for rape accused — DNA, swabs).
- §164A CrPC — medical examination of the rape victim (within 24 hrs, registered medical practitioner, consent mandatory).
- §284–291 CrPC / §45 Indian Evidence Act — the doctor as expert witness (§45 makes expert opinion relevant).
- §191–193 IPC — perjury (giving false evidence); §197 IPC — issuing a false medical certificate; §201 IPC — causing disappearance of evidence (relevant if a doctor conceals).
High-yield: §45 of the Indian Evidence Act makes the opinion of an expert (doctor) relevant, but it is advisory — the court is not bound by it. §174 CrPC = police inquest (the commonest inquest in India). Magistrate's inquest (§176) is compulsory for custodial deaths and dowry deaths within 7 years.
Diagnosis-style decision flow for an exam vignette
Read the stem → identify the body the offence affects → identify outcome → identify mental element → pick the section.
- Affects life (death)? → intentional/likely = §299/§300 (punish §304/§302); rash/negligent = §304A.
- Affects unborn? → miscarriage = §312 (7 yr if quick); without consent = §313; quick child killed = §316.
- Affects body, alive? → classify simple (§319) vs grievous (§320, the 8 clauses, esp. 20-day rule & fracture) → punish under §323/§325/§326.
- Sexual? → penetration = §375/§376; <18 yr = statutory + POCSO; outraging modesty = §354.
- Married woman, cruelty/death? → §498A; death <7 yr for dowry = §304B.
Recently asked / exam angle
- "Death of patient on table due to gross negligence — section?" → §304A IPC (now §106 BNS), invoking Jacob Mathew — gross negligence + independent opinion before arrest.
- "A fractured tooth is what type of hurt?" → Grievous (§320, clause 7 — fracture/dislocation of bone or tooth).
- "Inability to follow ordinary pursuits for ___ days makes hurt grievous?" → 20 days.
- "Age of consent for sexual intercourse in India?" → 18 years (post-2013).
- "Which test is banned in rape victim examination?" → Two-finger test.
- "Miscarriage caused without woman's consent?" → §313.
- "Killing of a quick unborn child amounting to culpable homicide?" → §316.
- "Dowry death must occur within how many years of marriage?" → 7 years (§304B).
- "§302 vs §304 vs §304A" — perennial matching question: punishment for murder / culpable homicide not amounting to murder / death by negligence respectively.
- BNS transition: §302→§103, §304A→§106, §375→§63, §376→§64, §498A→§85, §304B→§80. Expect at least one "new code" matching MCQ.
Rapid revision
- §302 = punishment for murder (death/life); §304 = culpable homicide not amounting to murder; §304A = death by rash/negligent act (doctor's negligence).
- Jacob Mathew v. State of Punjab (2005): prosecution under §304A needs gross negligence + independent medical opinion before arrest.
- §312 = causing miscarriage; punishment 7 years if woman is "quick with child" (quickening ~16–18 wk).
- §313 = miscarriage without consent; §316 = causing death of a quick unborn child.
- §319 = simple hurt; §320 = grievous hurt with 8 fixed clauses; §325 punishes grievous hurt.
- 20-day disability / severe pain and any fracture or tooth dislocation = grievous hurt.
- §326A = acid attack (min 10 years).
- §375/§376 = rape; minimum 10 years; age of consent = 18; two-finger test banned.
- §377 read down by Navtej Singh Johar (2018) — consensual adult same-sex acts decriminalised.
- §498A = cruelty (≤3 yr, cognizable/non-bailable); §304B = dowry death within 7 years of marriage (min 7 yr).
- §164A CrPC = examination of rape victim; §53A CrPC = examination of rape accused; §45 Indian Evidence Act = expert (doctor) opinion is relevant but advisory.
- BNS 2023 from 1 July 2024: murder §103, negligent death §106, rape §63/64, cruelty §85, dowry death §80 — learn the old↔new pairs.