Grievous Hurt by Dangerous Weapon - Section 326

Grievous Hurt by Dangerous Weapon - Section 326


Section 326 voluntarily causing grievous hurt by a dangerous weapon or means whoever, except in the case provided for by section 335, voluntarily causing grievous hurt using any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offense, is likely to cause death or means of fire or any heated substance, or using any poison or any corrosive substance, or using any explosive substance, or using any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or using any animal, shall be punished with[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.


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Section 326 is similar to section 324 with the difference that the hurt caused under this section is grievous instead of simple. Section 326 applies to a person who does acts that cause grievous hurt by use of a dangerous weapon or means. The act of the offender must have been done voluntarily. To attract this section the weapon used must be deadly and the hurt intended or likely to be caused grievous.

Ingredients

  1. The accused caused grievous hurt voluntarily, and

  2. It was caused using any instrument for shooting, stabbing, cutting, etc,

Section 326 A Voluntarily causing grievous hurt by use of acid, etc-Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part of the body of a person or cause grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with intention of causing or with the knowledge that he is likely to cause such injuries or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine:

Provides that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim:

Provides further that any fine imposed under this section shall be paid to the victim.

Under Section 326A, whoever cause permanent or partial damage or deformity to or burns or maims or disfigures or disables, any part or part of the body of a person or convicts grievous hurt by throwing acid on or by administering acid to that person, or by using any other means to cause, or with the knowledge that he is likely to cause, such injury or hurt, is punishable with imprisonment of a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine. It also provides that the fine imposed under this section is to be paid to the victim and that such fine should be just and reasonable to meet the medical expenses of the victim.

Section 326B Voluntarily throwing or attempting to throw acid-Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use other means, with intention of causing permanent damage or deformity or burns or disfigurement or disability or grievous hurt to that person, shall not be less than with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and liable to fine.

Explanation 1- For the cause of section 326A and this section “acid” includes any substance which has an acidic or corrosive character or burning nature, that is capable of causing heavy bodily injury leading to scar or disfigurement or temporary or permanent disability

Explanation 2- For the purpose of section 326A and this section, permanent or partial damage or deformity or deformity shall not be required to be irreversible.

Under Section 326-B, whoever throws or attempts to administer acid to any person, or attempts to use any other means, to cause permanent or partial damage or deformity or burns or maim or disfigurement or grievous hurt to that person, he becomes punishable with imprisonment of either description for a minimum term of five years but also may extend to seven years, and liable to pay fine.

Voluntarily throwing acid or even attempting to throw acid is an offense, similarly, if acid thrown causes grievous hurt, it becomes an offense under Sec 326B IPC.

Is IPC 326 bailable?

These are cognizable and non-bailable offenses that shall be tried by the Court of Sessions for both under 326A and 326B IPC.

What is the punishment for IPC 326 Case?

The punishment for section 326A is punishable with imprisonment for a term which shall not be less than 10 years and may be extended to life imprisonment and a fine is to be paid to the victim of an attack.

An offense under section 326B is punishable with imprisonment for 5 years but may be extended to 7 years with a fine.

Is IPC 326 a cognizable offense or a non-cognizable offense?

These offenses are cognizable both under 326A and 326B.

Difference Between Section 326A and 326B?

One major difference between the two sections, to fall under 326A, intention or knowledge will be necessary, whereas 326B completely depends on the intention.

How to file/defend your case for IPC 326 offense?

Section 326A and 326B has been added in the code of criminal law(Amendment) Act 12 of 2013 with the object of making specific provisions for punishment in case of voluntary causing grievous hurt by use of acid etc; or voluntary throwing or attempting to throw acid causing partial damage, or deformity, or burns or maims or disfigures or disables any part of the body of that person. Because of the gravity of the offense section 326A, IPC provides minimum punishment for not less than ten years which may extend to imprisonment for life and fine. The amount of fine should be just and reasonable to meet the expenses of the treatment of the victim and it must be given to the victim.

A person who is attacked might not be able to come to the nearby police station rather it is instructed to take the victim immediately into the nearest medical aid than any family member, relative or friend, or any neighbor knowing the person or witness of the incident can go to the nearest police station and launch an FIR, after than the police officer could directly go and visit the victim and arrest the accused or find for them. A well-reputed lawyer should be hired to proceed with the case. we have to remember that the offenses under section 326,326A, 326B are non-bailable hence the accused can’t get bail but if a person is falsely charged with 326 then the lawyer must forward an application to the magistrate of first-class dealing with the case it is upon the decision of the session’s court that the application would be rejected or kept.

Is IPC 326 a bailable or non-bailable offense?

The offense is cognizable, non-bailable, non-compoundable, and triable by a magistrate of the first class.


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Any famous judgment w.r.t. IPC 326 if any?

Acid attack case: section 326A: Laxmi: In Laxmi v UOI, IR 2015 SC, 3662 Apex court held that in case of acid attack victims minimum compensation of Rs3 Lakhs to be made available to each victim compensation scheme of state/UTs to be accordingly amended, and to be given wide publicity, wide section 3 free treatment to be made available by government and private hospitals. States/UTs are to ensure that private hospitals do not refuse free treatment. Free treatment not only means the provision of physical treatment to victims of acid attacks but also the availability of medicines, beds, and food in the concerned hospital. Free treatment- Hospitals to issue certificates that individuals are acid attack victims. Victims can use it for treatment and surgeries or any other government scheme that the victim may be entitled to.

A landmark judgment was handed down by the supreme court in public interest litigation(PIL) filed by a survivor of an acid attack. In this case (Laxmi v Union of India & others), the petitioner, Laxmi was attacked with acid by three men in a busy street Delhi. The reason behind this attack was the name of Guddu. The PIL highlighted the easy availability of acid in the market, and the absence of a proper provision in the law for the cases involving acid attacks, including compensation of expenses, surgeries, and rehabilitation of the survivor

So significant was this episode and the resultant judgment of the Supreme Court that a move (chhapaak) was made depicting the life story and plight of the victim. Laxmi was also honored with national and international awards.

In-state of Madhya Pradesh v Udaibhan and State of Madhya Pradesh v Hakim Singh, AIR 2016 SC 1150. Apex Court held undue leniency in awarding sentence needs to be avoided. The accused person inflicted six injuries with a sharp-cutting weapon on the complainant and his brother. The proper sentence would be 3 years R. I under section 326, IPC. Order of the High Court reducing the sentence to period already undergone is over lenient and liable to be set aside.
This blog is written by Ms. Sneha Saha, B.A.LLB. (H) - 2nd Year student, Amity University Mumbai, Maharashtra.
Offence Punishment Cognizance Bail Triable By
Voluntarily causing grievous hurt by dangerous weapons or means Imprisonment for Life or 10 Years + Fine Cognizable Non-Bailable Magistrate First Class; Session in M.P.
Offence Voluntarily causing grievous hurt by dangerous weapons or means
Punishment Imprisonment for Life or 10 Years + Fine
Cognizance Cognizable
Bail Non-Bailable
Triable By Magistrate First Class; Session in M.P.

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