SECTION 324 IPC - Indian Penal Code - Voluntarily causing hurt by dangerous weapons or means

Section 342 of the Indian Penal Code deals with causing hurt with dangerous weapons. The section is considered to be one of the most complex sections as there are various interpretations that are made while taking a judgment. The question of whether section 324 IPC bailable or not will be looked into further in this article. This article will deal with all the intricacies related to section 324 of IPC

Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

IPC 324 in Simple Words

Section 324 of the Indian Penal Code (IPC 324) defines the act of a person, intentionally, causing harms to another person using dangerous weapons or means as a punishable offence with imprisonment up to 3 years, a fine, or both.

The term “dangerous weapons or means” means any instrument or object possesses the potential to inflict grievous injury or death.It includes objects like firearms, knives, acid, explosives, etc. Here, accused's intent to inflict harm plays a key role. The prosecution bears the burden of proving the accused's deliberate use of a dangerous weapon or means to cause injury to the victim.

Cited by

• Mohammad Khalil Chisti vs State Of Rajasthan

• Md Abdul Sufan Laskar and Ors vs State Of Assam

• Abdul Rashid Abdul Rahiman Patel vs State Of Maharashtra

• Anwarul Haq vs The State Of Uttar Pradesh

• Subramani And Ors vs State Of Tamil Nadu

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Section 324 IPC- Voluntarily causing hurt by dangerous weapons or means

It is awful how much destruction one person can cause to the society or an individual. There are numerous ways of causing damage or hurt, and the loss occurred is sometimes reparable but most of the times irreparable. However, a person causing irreparable loss to someone is liable for strict punishments under the Indian Penal Code.

With LawRato law guides, you can understand all the provisions of the Indian Penal Code easily.

Destruction implies Hurt

Hurting someone means performing an act which fallouts in physical pain, injury or any disease to a person. At times hurt may be caused voluntarily and the Indian Penal Code under section 321(voluntarily causing hurt) defines voluntarily causing hurt as an act committed by a person with the knowledge that performing such act will cause damage to the other person.

What constitutes hurt by dangerous weapons or means?

Hurt may be voluntarily caused by dangerous weapons and means which are defined under section 324 of Indian Penal Code. A person will be liable to have caused hurt voluntarily through dangerous weapons and means under this section if-

• A person, willingly hurts any other person by means of an apparatus used for shooting such as a gun, or by stabbing and cutting with a knife, axe, saw or scissors etc.

• A person uses any such offensive weapon against any person which may cause death of the person or,

• When someone by way of fire or any heated material tries to burn any person or,

• When a person acts to cause death of any person by giving poison or any corrosive substance such as a chemical or an acid which may result in damaging the skin of the person.

• A person tries to cause hurt to any person or a group of individuals by way of an explosion.

• When someone exposes any person to the gases which are injurious for a human body to inhale, to sallow or to receive into the blood.

• When a person by way of an animal tries to hurt any person.
  

Essential Ingredients of Section 324

For Section 324 to be applicable, the offence must have the following:

1. Voluntary hurt caused to another person by the accused, and

2. Such hurt was caused:

1. By any instrument used for shooting, cutting or stabbing, or any other instrument likely to cause death, or

2. By fire or other heated instruments, or

3. By poison or other corrosive substance, or

4. By any explosive substance, or

5. By a substance that is dangerous for the human body to swallow, inhale, or receive through blood, or

6. By an animal.

How grievous can be the consequences?

Certain things will never go back to how they used to be. Similarly, when a person by dangerous weapons and means is successful in causing hurt to any person, the consequences faced by the victim of the offence could be very devastating. The repercussion may result in various kinds of injuries, diseases or may even end with the death of the person. Many injuries and diseases are curative but death of a person is the greatest loss which could not be reversed.

Illustration

A stabbed B in the stomach with a knife, intending to kill him. While B survived but sustained serious injuries. A’s intention suggests he was aware of the potential consequences of his actions and acted deliberately. This scenario could lead to A being charged under Section 324 of the Indian Penal Code for voluntarily causing hurt with a dangerous weapon.

Exception to the section 324 of IPC

Voluntarily causing hurt by dangerous weapons and means is a punishable crime under section 324 of Indian Penal Code, but if hurt is caused due to grave and sudden provocation mentioned under section 334 (Voluntarily causing hurt on provocation) of Indian Penal Code then the offender will be legally responsible under section 334 of Indian Penal Code and will be punishable with imprisonment of one month and fine of rupees 500.

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Punishment under Section 324 of IPC

When a person commits an offence of voluntarily causing hurt by dangerous weapons and means under Section 324 of Indian Penal Code then such person shall be punished with imprisonment for a period of three years, or with fine. Such imprisonment and fine will depend upon the nature of the offence.

Nature of the Offence

Hurting someone with dangerous weapons in India can lead to arrest without a warrant. This is because Section 324 of the Indian Penal Code is considered a "cognizable offense." However, in 2005, changes were made to make this offense non-bailable. This means you wouldn't be able to get bail easily after arrest. But there’s a catch. Later, the Bombay High Court, in one of its judgement held that an offence of voluntarily causing hurt by dangerous means under section 324 of the Indian Penal Code still remains bailable in nature as the date for implementation of the alterations has not yet been notified by the government of India. Thus, the offence is bailable in nature and will be triable by the Magistrate who has the authority over the area wherein such an offence has been committed.

Is Section 324 Bailable or not

Bailable offences are the offences in which the accused has the right to get bail and if he applies for it the authorities cannot deny for the same. Section 324 of the Indian Penal Code falls under the category of Bailable offences.

How can a lawyer help?

Facing a legal case in India, especially under Section 324 of the IPC (causing hurt with dangerous weapons), can be complex. The court system has many cases pending, and navigating the process involves dealing with police and attending court hearings.

This is where a criminal lawyer can be essential. They can guide you through each step, explain your options, and work towards the best possible outcome for your situation. LawRato connects you with top-rated lawyers across the country who specialise in Criminal Laws.

Such specialised lawyer offers legal expertise, guides you through the legal process, helps build a strong defense, and negotiates with the prosecution if needed. They protect your rights, represent you in court, and leverage their experience to handle documentation efficiently, ensuring the best possible outcome for your case.