Section 326 IPC: Voluntarily Causing Grievous Hurt by Dangerous Weapons or Means
Section 326 of the Indian Penal Code, 1860 dealt with voluntarily causing grievous hurt through specified dangerous weapons, substances or means. It was an aggravated form of voluntarily causing grievous hurt because both the nature of the injury and the means used are material to the offence.
Section 326 IPC - statutory rule
Subject to the exception concerning Section 335 IPC, Section 326 punished a person who voluntarily caused grievous hurt by an instrument for shooting, stabbing or cutting; an instrument which, when used as a weapon of offence, was likely to cause death; fire or a heated substance; poison or a corrosive substance; an explosive substance; a substance deleterious to the human body to inhale, swallow or receive into the blood; or an animal.
The punishment was imprisonment for life, or imprisonment of either description for a term which could extend to ten years, and fine.
Essential ingredients of Section 326 IPC
For Section 326 to apply, the facts must satisfy the statutory requirements. In broad terms, the prosecution must establish:
- the victim suffered grievous hurt within the meaning of Section 320 IPC;
- the accused caused that grievous hurt voluntarily within the statutory framework governing voluntarily causing grievous hurt;
- the hurt was caused by one of the weapons, substances or means specified in Section 326; and
- the case was not one falling within the exception referred to in Section 335 IPC.
What is grievous hurt under Section 320 IPC?
Section 320 IPC designated eight kinds of hurt as grievous. These included emasculation; permanent privation of sight of either eye; permanent privation of hearing of either ear; privation of any member or joint; destruction or permanent impairment of the powers of any member or joint; permanent disfiguration of the head or face; fracture or dislocation of a bone or tooth; and specified hurt which endangers life or causes the sufferer to be in severe bodily pain or unable to follow ordinary pursuits for the statutory period.
Accordingly, every physical injury is not "grievous hurt" for Section 326. The injury must satisfy the legal definition in Section 320 IPC.
Dangerous weapons or means covered by Section 326
Section 326 did not depend only on the everyday description of an object as a weapon. Its text specifically identified several categories of dangerous means:
- an instrument for shooting, stabbing or cutting;
- an instrument which, used as a weapon of offence, is likely to cause death;
- fire or any heated substance;
- poison or any corrosive substance;
- any explosive substance;
- a substance deleterious to the human body to inhale, swallow or receive into the blood; and
- an animal.
Whether a particular object falls within the provision can depend upon its character, the manner in which it was used and the facts proved in the case.
Meaning of voluntarily causing grievous hurt
Section 322 IPC defined voluntarily causing grievous hurt. In substance, the accused must voluntarily cause hurt and must intend to cause grievous hurt, or know himself to be likely to cause grievous hurt, and the hurt actually caused must be grievous. The explanation to Section 322 addresses cases where the precise kind of grievous hurt caused differs from the kind intended or known to be likely.
Punishment and classification under the pre-BNSS CrPC
| Provision | Section 326 IPC |
|---|---|
| Punishment | Imprisonment for life, or imprisonment of either description up to 10 years, and fine |
| Cognizable | Yes |
| Bailable | No - non-bailable |
| Court competent to try | Magistrate of the First Class |
A cognizable offence permits police action in accordance with the Code without the warrant requirement applicable to non-cognizable offences. A non-bailable classification does not mean bail is legally impossible; it means bail is governed by the provisions applicable to non-bailable offences rather than being claimable as of right in the same manner as a bailable offence.
Section 325 and Section 326 IPC - distinction
Section 325 IPC punished voluntarily causing grievous hurt except in the situation covered by Section 335. Section 326 was the aggravated provision where grievous hurt was caused by one of the dangerous weapons or means expressly described in Section 326. The nature of the means used is therefore an important distinction between the provisions.
Section 326 and acid-related offences
Although Section 326 refers to poison and corrosive substances, the Criminal Law (Amendment) Act, 2013 inserted specific provisions dealing with acid attacks. Section 326A IPC addressed specified injury caused by acid, while Section 326B IPC addressed throwing or attempting to throw acid, attempting to administer acid, or attempting other means with the requisite intention.
Section 335 IPC exception
Section 326 itself began with an exception for a case provided for by Section 335 IPC. Section 335 dealt with voluntarily causing grievous hurt on grave and sudden provocation subject to its statutory conditions. Whether that provision applies depends on the facts and the requirements of the exception.
Related IPC provisions
Readers may also refer to Indian Penal Code 1860 - sections and overview, Section 324 IPC - hurt by dangerous weapons or means, Section 325 IPC - voluntarily causing grievous hurt, Section 326A IPC - grievous hurt by use of acid and Section 326B IPC - throwing or attempting to throw acid.
Legal information: This article describes the pre-BNS statutory framework for general information. The applicable provision in an individual matter depends on the date, facts, allegations and governing transitional law.