SECTION 324 IPC - Indian Penal Code - Voluntarily causing hurt by dangerous weapons or means
Last Updated: 01 Mar, 2024
By Advocate Chikirsha Mohanty
Table of Contents
- IPC 324 in Simple Words
- Section 324 IPC- Voluntarily causing hurt by dangerous weapons or means
- Destruction implies Hurt
- What constitutes hurt by dangerous weapons or means?
- Essential Ingredients of Section 324
- How grievous can be the consequences?
- Illustration
- Exception to the section 324 of IPC
- Punishment under Section 324 of IPC
- Nature of the Offence
- How can a lawyer help?
- IPC Section 324 related FAQs
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
Offence | Punishment | Cognizance | Bail | Triable |
---|---|---|---|---|
Voluntarily causing hurt by dangerous weapons or means | 3 Years or Fine or Both | Cognizable | Non-Bailable | Any Magistrate |
Offence : Voluntarily causing hurt by dangerous weapons or means
Punishment : 3 Years or Fine or Both
Cognizance : Cognizable
Bail : Non-Bailable
Triable : Any Magistrate
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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.
If you have questions about Section 324 IPC, you can use LawRato's ‘Ask a Free Question’ or ‘Free Legal Advice’ feature to find solutions for your legal concerns. For other matters related to the Indian Penal Code, you can visit Indian Penal Code,1860 | IPC Sections | lawrato.com
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-
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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.
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A person uses any such offensive weapon against any person which may cause death of the person or,
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When someone by way of fire or any heated material tries to burn any person or,
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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.
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A person tries to cause hurt to any person or a group of individuals by way of an explosion.
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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.
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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:
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Voluntary hurt caused to another person by the accused, and
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Such hurt was caused:
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By any instrument used for shooting, cutting or stabbing, or any other instrument likely to cause death, or
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By fire or other heated instruments, or
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By poison or other corrosive substance, or
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By any explosive substance, or
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By a substance that is dangerous for the human body to swallow, inhale, or receive through blood, or
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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.
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.
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.
Section 324: Voluntarily causing harm by dangerous means or weapons :- Except in the case of section 334, whosoever voluntarily causes harm by using any weapon for stabbing, cutting or shooting or any other instrument that, when used as a weapon of offense, is likely cause death or by fire or...
Comments by Users
Bharat
Sir, On Provocation 324 how use in Charge
Reply by LawRato
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Frequently Asked Questions
Is Section 324 IPC bailable non bailable?
Section 324 of the Indian Penal Code 1860 is not bailable according to Section 42 Sub-section (f). IPC section 124 refers to intentionally causing harm with dangerous weapons or methods.
What is Article 324 crime?
Infraction under Section 324 of the IPC Instruments for stabbing, shooting or cutting. Instruments that are used to commit crimes and have the potential to cause death. Fire or any heated substances; or. Poison of any kind; or. 17 Mar 2023
What is Section 324 of the IPC compromise?
5.14 We are of the opinion that Section 324 IPC, which is punishable by imprisonment up to three years and fines (voluntarily inflicting harm with dangerous weapons or methods), should be compoundable. The offence can be punished with a fine and imprisonment up to three years.
What is Section 324 of Hindu law?
Section 324 - Intentionally causing harm by dangerous weapons and means. The Section 324 IPC punishes a person who intentionally causes harm to another person by using dangerous weapons.