What is Section 324 IPC Bare Act?
Section 324 IPC Bare Act is the exact text of the Section 324 of the Indian Penal Code (IPC 324), passed by the Indian legislature or Parliament. Thus, it is a replica of the original Section 324 IPC available to the people of India by the Indian legislature or Parliament.
Section 324 IPC Bare Act (As Per the Indian legislature or Parliament)
Voluntarily causing hurt by dangerous weapons or means.— 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.
Definition of Section 324 IPC
Section 324 of the Indian Penal Code (IPC 324) deals with the offence of voluntarily causing hurt by dangerous weapons or means. The section defines the act of causing hurt to another person intentionally, using dangerous weapons or means, as a punishable offence under the law. The section provides for the punishment of imprisonment for a term that may extend to three years or with a fine or both, to the person who commits such an offence.
The term “dangerous weapons or means” refers to any instrument or object that is likely to cause death or grievous hurt if used in a manner that it is intended to be used. Examples of such dangerous weapons or means include firearms, knives, acid, explosives, or any other similar item that can cause serious injury or death.
The intention of the accused person to cause hurt is a critical element of this offence. The prosecution must prove that the accused intended to cause hurt to the victim by using a dangerous weapon or means.
Section of IPC 324 Covers Wide Range of Actions
Including causing hurt through the use of animals or substances that are harmful to the human body. According to the section 324 IPC, whoever voluntarily causes hurt by using any of the following means is said to commit the offense:
1) By means of any instrument for shooting, stabbing, or cutting, or any instrument which, when used as a weapon of offence, is likely to cause death.
2) By means of any heated substance or any poison or any corrosive substance.
3) By means of any explosive substance or any substance which, when ignited or exploded, is likely to cause death or such bodily injury as is likely to cause death.
4) By means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood.
5) By means of any animal bite.
Essential Elements of Section 324 IPC
To prove the offence of voluntarily causing hurt by dangerous weapons or means under Section 324 of IPC, the following essential elements must be satisfied:
Causing Hurt – For an offence under Section 324 of the IPC, it is necessary that the accused has caused hurt to the victim. The accused must have caused hurt to another person.
Use of Dangerous Weapon or Means – The offence under Section 324 IPC is committed when the accused has used a dangerous weapon or means to cause hurt. The hurt must have been caused using any dangerous weapon or means.
Act of Causing Hurt – The act of causing hurt must be of such a nature that it is likely to cause death or serious injury.
Voluntarily Hurt – The hurt must have been caused voluntarily.
If all these elements are established by the prosecution, the accused may be convicted under Section 324 IPC.
Examples of Section 324 of IPC
Here are some examples of cases that can be charged under Section 324 of the IPC:
- A person intentionally injures another person with a knife during a fight, causing grievous hurt.
- A person throws acid on another person with the intention of causing hurt or disfigurement.
- A person shoots another person with a gun, causing grievous hurt.
- A man got into a fight with another person and hit him with a cricket bat, causing him to sustain serious injuries. The man was charged with voluntarily causing hurt by dangerous weapons or means under Section 324 of the IPC.
- In a road rage incident, a driver got out of his car and attacked another driver with a sharp object, causing injuries. The attacker was charged with Section 324 of the IPC for voluntarily causing hurt by dangerous weapons or means.
- A group of people got into a fight in a market, and one of them used a knife to injure another person. The person with the knife was charged with Section 324 of the IPC for voluntarily causing hurt by dangerous weapons or means.
- In a domestic dispute, a spouse hit the other spouse with a heavy object, causing injuries. The offending spouse was charged with Section 324 of the IPC for voluntarily causing hurt by dangerous weapons or means.
Section 324 IPC Punishment ?
The punishment for the offence under Section 324 IPC is imprisonment for a term which may extend up to three years, or with fine, or with both.
Is IPC 324 Bailable or Not?
IPC 324 is a non-bailable offence, as per the Code Of Criminal Procedure (AMENDMENT) Act, 2005, which means that a person arrested for this offence cannot be released on bail as a matter of right. The decision to grant bail in such cases is at the discretion of the court, which takes into account various factors such as the severity of the offence, the nature of the evidence, the likelihood of the accused absconding or tampering with evidence, and the potential danger posed by the accused to society.
Section 324 IPC Compoundable or Not?
Section 324 of the Indian Penal Code (IPC 324) is a non-compoundable offence. This means that the complainant cannot withdraw the case even if they wish to do so, and only the court has the power to decide the case. The reason behind making such offences non-compoundable is to discourage the accused from committing such crimes and ensure that justice is served.
Section 324 IPC Cognizable or Not?
Section 324 of the Indian Penal Code (IPC 324) is a cognizable offence. This means that the police can arrest a person without a warrant if they have reasonable suspicion that the person has committed the offence under this section. The police can also investigate the matter without a warrant and file a charge sheet in court.
Section 324 IPC Judgments / Rulings
IN THE SUPREME COURT OF INDIA :
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