Vous êtes sur la page 1sur 4

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.

Vous aimerez peut-être aussi