SECTION 326

Overview: This section talks about the acts which are done voluntarily by a person to cause grievous hurt by any dangerous weapon or means. This section does not includes acts which are given in Section 335 of the IPC.

Amendments related to this section: Add-ons to this section which are Section 326A and 326B were been added in the Code by the Criminal law (Amendment) Act 13 of 2013. It had the object of adding specific provisions for punishment in case a person causes grievous hurt by use of acid etc. or voluntarily throwing or attempting to throw acid causing permanent or partial injury, or deformity to, or burns or maims or disfigures or disable any specific part of the body of that person.

The way actions are done to come under this section: They are summarized as under –

1.      by means of any instrument for shooting, stabbing or cutting, or

2.      by any instrument which, used as a weapon of offence, is likely to cause death, or

3.      by means of fire or any heated substance, or

4.      by means of any poison or any corrosive substance, or

5.      by means of any explosive substance, or

6.      by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or

7.      by means of any animal.

Punishment for Voluntarily causing grievous hurt by dangerous weapons or means under Section 326 IPC: This section provides punishment to any person who voluntarily causes grievous hurt by dangerous weapons or means. Then that person 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.

Composition under Section 320 Cr.P.C.: This Offence is NOT listed under Compoundable Offences i.e. compromise or settlement cannot be entered into by the parties.

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