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 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 for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
IPC Section 326: Simplified Explanation
IPC Section 326 of the Indian Penal Code deals with the offence of “voluntarily causing grievous hurt by dangerous weapons or means.” This section is applied when an individual intentionally causes an injury classified as grievous (as defined in IPC Section 320) using weapons, tools, or methods that are inherently dangerous or likely to cause serious harm.
Key elements of this section include:
- Intent or Knowledge: The person must have the intention or knowledge that their actions are likely to cause grievous hurt.
- Use of Dangerous Weapons or Means: The grievous hurt must be inflicted using dangerous weapons or means, such as knives, firearms, corrosive substances, or any instrument that can inflict severe injuries.
Is IPC Section 326 Bailable?
IPC Section 326 is a non-bailable offence. Due to the gravity of the injuries involved and the use of dangerous weapons or means, the accused must appear before a court to seek bail.
IPC Section 326 Punishment
The Punishment under IPC Section 326 for voluntarily causing grievous hurt by dangerous weapons or means includes:
- Imprisonment for up to life, or
- Imprisonment for a term which may extend to ten years,
- And also liable to a fine.
The severity of the Punishment reflects the dangerous nature of the act and the potential for significant harm to the victim.
Example of IPC Section 326
A real-life example of IPC Section 326 occurred during a street fight where one person attacked another with a machete, causing deep lacerations and leading to the permanent loss of the use of the victim’s hand. This severe injury fell under the category of grievous hurt due to the permanent impairment of a limb, and the use of a machete categorized the offence under the dangerous weapons clause of Section 326. The attacker was subsequently arrested and faced serious legal consequences, including a lengthy prison sentence, demonstrating the legal system’s response to such violent actions involving dangerous instruments.
