No one has the right to take anyone’s life, which the author(s) believe to be beautiful in fullness. This sub-chapter, probably the most “famous”, given the basal instincts it excites in everyone of us, explains the gravity of fulfilling such treacherous acts. Provisions relating to “homicide” are dealt with spot on, some others are still up for debate.
2. Of The Causing Of Miscarriage, Of Injuries To Unborn Children, Of The Exposure Of Infants, And Of Concealment Of Births (Section 312 – 318)
A perpetrator will not ever, before committing a crime (read sin), discriminate on the basis of the age of the innocent if he so has decided to carry out his motive. Thus, to provide support not only to the prudent man who knows his rights, this Chapter brings into consideration infants or even unborn lives and gives prime importance to save their lives, along with the mother.
It is very difficult to ascertain the nature of “hurt” caused or suffered by a person. A slight line, demarcating the bodily hurts which are serious and which are slight, is seen everyday parlance. This Chapter draws the attention to the importance of intention, inter alia, while dealing with cases specific to the acts constituting hurt.
Independence to move freely is an inalienable right. Take this freedom away from anybody, coupled with a slight use of force, and the person starts questioning his very existence. The basic aim of the provisions contained in this Chapter is to dilute the suffering caused by that curtailment of freedom and to punish the perpetrators, accordingly.
Any force used in pursuance of causing some apprehension/actual injury to the other person and its punishment thereof is dealt here. It is, however, very important to discern the nature of the force used to make sure that proper punishment is meted out.
The provisions in this Chapter regarding kidnapping as an offence has the ultimate vision to provide security and protection not only to the guardians, but most importantly, to the wards themselves. Not to limit the scope of this Chapter, the clauses on abduction fills the void of age restriction. Similarly, as no one has a ‘for granted’ right over any other person’s life, slavery and forced labour are dealt with emphasised scrutiny. The most infamous provisions regarding the growing menace of rape in the country are enlightened here, too. The above-mentioned provisions are always under the ever watchful eyes of the public and because of this reason, are always in a state of flux
Recent uproar, both at the national and global level has resulted in re-looking and amending some of the contestable tenets of this section. The fact that a great amount of misconception and social ostracism are still the aftermaths goes on to show the infantile stage we are at. Whether the social upheaval, judicial and legislative changes will change anything is to be seen.