Section 326 Indian Penal Code – Know the Section
Are you a student or do you have any interest in knowing the law? Here is a blog which will cover the 326 under the Indian Penal Code. This blog will cater from:-
- What is Section 326 under Indian Penal Code
- Classification of Section 326 – 326(A), Section 326 (B)
- Liable under section 326 Under Indian Penal Code
- FAQ’s for section 326 under Indian Penal Code
Now, first we will look at what is Section 326 under Indian Penal Code?
This section talks about the acts, voluntarily done by a person to cause grievous hurt, using any dangerous weapon or deadly means. Section 326 IPC as defined under the Code read as,
“Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing, or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire on any heated substance, or by means of any explosive substance, or by means 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 for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
To give a better picture, sections 319-335 under IPC, deal with the offences of hurt, voluntarily causing hurt, grievous hurt and covers every act which may cause physical harm, injury or even death of an individual.
On the other hand, section 326 Indian Penal Code deals with the acts where the injury/harm caused or which is likely to cause the death of a person, committed by using dangerous weapons used for cutting, stabbing, shooting or any other measure like fire, explosive substances, acid and etc.
How to hold a person responsible for punishment by committing the offence under section 326 Indian Penal Code? These are:
- Accused must commit/submit in an act with the knowledge that he was likely to cause hurt the victim grievously.
- He deliberately caused it. Nobody constrained him to do such act
- He committed the crime by following methods:
- By any instrument of wounding, shooting or cutting.
- By an instrument, which whenever utilized as a weapon, can cause the demise of an individual.
- By fire or some other heated substance.
- By any toxic or destructive substance.
- By using any sort of dangerous substances.
- By using substances which are difficult to swallow or breathe in by a human body.
Section 326 Indian Penal Code will not be attracted if any of these, and if there was no purpose/intention of the person committing the act to cause death or if he/she was unaware of the fact that his action can cause serious damage which can result in the death of the person.
To cover all the possible acts/actions coming under the term ‘grievous hurt’, further subsection were added which expanded the scope and range of section 326 IPC. The punishment includes imprisonment for life, or it could be extended to 10 years term and also makes an individual responsible to pay the fine.
But having stated that, this depends on the nature of the crime committed under section 326 IPC. Crimes which are committed under this section are cognizable and non-bailable, triable by Magistrate of the first class.
Upper section must have given you a broad idea of section 326 IPC. Now, let’s read about two subsections.
Section 326A – Knowingly causing a grievous hurt by the use of acid, substance etc.
It can be explained like this, “Whoever causes permanent or partial damage or deformity to, or burn or maims or disfigures or disables, any part of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to life imprisonment, and with fine:
Given that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim:
Provided further that any fine imposed under this section shall be paid to the victim.
Let’s read about the subsection 326B IPC.
Section 326B – Voluntarily throwing or attempting to throw acid
This section reads as, “Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine.”
There can be two definitions of this section
Definition – 1
For the purposes of Section 326A and this section, “acid” includes any substance which has an acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability.
Definition – 2
For the purpose of this sec 326 IPC and this section permanent or partial damage or deformity shall not be required to be irreversible.
As 326B is the cause and the section 326A is the effect, let’s read IPC sections 326A and 326B collectively.
There is one key difference between the two sections. Voluntarily throwing acid or even attempting to throw acid is an offence. Whereas, if acid thrown causes grievous hurt, it becomes an offence under Sec 326B IPC. Intention or knowledge will be necessary in 326A, whereas, 326B solely depends on the intention.
The term of punishment for section 326A is punishable with imprisonment for a term which
shall not be less than 10 years and maybe extended to life imprisonment and fine is to be paid to the victim. These cases are cognizable and non-bailable, triable by Court of Sessions.
Whereas, an offence under section 326B is punishable with imprisonment for 5 years, but maybe extended to 7 years with fine. These are cognizable and non-bailable offences which shall be tried by the Court of Sessions.
Here are some FAQs related to this section 326 Indian Penal Code.
No.-1- How to prove section 326 Indian Penal Code?
Answer – To Prove Section 326 IPC, it is to be seen that the injury/hurt is voluntarily caused, which must be gri evous and the same has been caused by dangerous weapon or means including instrument. There is no such thing as a regular or earmarked weapon for committing murder or for that matter a grievous injury.
No.-2- Is section 326 Indian Penal Code bailable or non-bailable?
Answer – Section 326 of the IPC is non cognizable and non bailable. You should apply for anticipatory bail as well as a case for quashing of the FIR in the High Court.
No.-3- What is the scope of minimum and maximum punishment under this section 326A Indian Penal Code?
Answer – The Section 326 A in the Indian Penal Code lays down the punishment for acid attacks. The minimum punishment is 10 years’ imprisonment. It can extend up to life imprisonment with fine. A separate law to punish offenders in such cases was passed along with amendment of law on sexual offences.
No.-4- Is section 326 Indian Penal Code compoundable?
Answer – No, it is not compoundable.