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


Description

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.

Offence : Voluntarily causing hurt by dangerous weapons or means


Punishment : 3 Years or Fine or Both


Cognizance : Cognizable


Bail : Non-Bailable


Triable : Any Magistrate





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.



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.


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 having the intention to kill B. B did not die but got hurt grievously. The intention of A shows that he had complete knowledge of the consequences of his act and he acted wilfully. Thus, A, will be held guilty of voluntarily causing hurt by dangerous weapon under section 324 of Indian Penal Code.



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.



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

The offence punishable under section 324 of Indian Penal Code is a cognizable offence which means that a police officer has a right to arrest the offender without a warrant. In the year 2005 some alterations were made to the code of criminal procedure 1973, one of which made the offence of voluntarily causing hurt by dangerous weapons or means non-bailable in nature. Later, the Bombay High Court in one of its judgement has held that an offence of voluntarily causing hurt by dangerous means under section 324 of 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 is having the authority over the area wherein such offence has been committed.


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