38.6c New Delhi, India, Friday, April 19, 2024
Judiciary

Whether Offence U/S 324 Of IPC Is Made Out If Injury Was Caused By Human Nail? Madhya Pradesh HC Answers [Read Order]

By LawStreet News Network      08 October, 2019 09:08 AM      0 Comments
Whether Offence U/S 324 Of IPC Is Made Out If Injury Was Caused By Human Nail? Madhya Pradesh HC Answers [Read Order]

The Madhya Pradesh High Court on October 16, 2019, in the case of Chhota @ Akash v. State of Madhya Pradesh, has held that nails cannot be deemed to be an instrument used for either cutting or stabbing. Hence, hurt caused by nail may not qualify as an injury for the purpose of Section 324 of the Indian Penal Code, 1860.

A single judge Bench of Justice C.V. Sirpurkar passed the ruling on an application filed under Section 482 of the Code of Criminal Procedure, 1973. The applicants/accused persons Chhota @ Akash, Vipin and Veeru instituted the application against the order dated 25-02-2015 passed in Criminal Revision by the Court of VII Additional Sessions Judge, Sagar, affirming the order passed by the Judicial Magistrate First Class which framed charges against the applicants under Sections 323, 294, 506 & 324 read with Section 34 of the Indian Penal Code, 1860.

As per prosecution case, applicant/accused person Vipin clawed the neck of Atul with his nails. The only point that had been raised on behalf of the applicants during arguments was whether an injury caused by human nail can be said to have been caused by means of an instrument for stabbing or cutting, making causing of such injury punishable under section 324 of the Indian Penal Code?

Since no authorities were available on the question whether human nails can be deemed to be an instrument for stabbing or cutting, the court relied on four authorities that were available on the point that human teeth are instruments for cutting within the meaning of section 324 of the Indian Penal Code.

Referring to the authorities, the court noted that there is intrinsic difference between the two sets of appendages of human body namely, the teeth and the nails. Teeth are hard, bony appendages growing out of upper and lower jaw bones and by their very nature much stronger than the nails. Whereas, the human nail is a thin, though hard, layer covering the outer tip of human fingers. As a result they are not capable of exerting same amount of pressure as teeth. Therefore, in ordinary course they only cause abrasions or scratch marks. In the present case also, only an abrasion over right side of neck was found on the person of the victim, the court observed.

“Thus, a human nail cannot be placed on the same footing as tooth as a weapon of offence or defence. It cannot be deemed to be an instrument used for either cutting or stabbing. Hence, hurt caused by human nail may not qualify as an injury caused by means of an instrument for the purposes of section 324 of the Indian Penal Code,” the court held.

Allowing the application in part, the court ruled “learned Courts below erred in framing a charge of the offence punishable under section 324 of the IPC simply because one of the abrasions found upon the person of one of the victims was said to have been caused by nails. Thus, the charge framed under sections 324 or 324 read with section 34 of IPC against applicants/accused persons is not sustainable in the eyes of law and deserves to be quashed.”

[Read Order]



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

pil-filed-by-ashwini-kumar-upadhyay-in-sc-for-yr-bachelor-of-law-degree-after-class
Trending Judiciary
PIL filed by Ashwini Kumar Upadhyay in SC for 3-yr Bachelor of Law degree after Class XII

PIL by Ashwini Kumar in SC seeks to shorten law degree to 3 years post-Class XII, citing current 5-year span as irrational.

18 April, 2024 11:21 AM
centre-sets-up-high-powered-committee-to-suggest-measures-to-end-discrimination-against-queer-community
Trending Executive
Centre sets up high-powered committee to suggest measures to end discrimination against queer community [Read Order]

Centre forms committee to end discrimination against the queer community, chaired by the Cabinet Secretary, following a Supreme Court directive.

18 April, 2024 12:11 PM

TOP STORIES

lsj-exclusive-interview-how-bjp-govt-will-free-chhattisgarh-from-naxal-menace
Trending Interview
LSJ Exclusive Interview: How BJP govt will free Chhattisgarh from “Naxal menace”? [Watch Video]

What is Chhattisgarh govt's plan for solving the Maoist/Naxalite problem in the state? Will there be a surgical strike against the Naxals or solution will be found via diplomatic channels? Read the Exclusive Interview with the Deputy Chief Minister Vijay Sharma.

13 April, 2024 12:33 PM
sc-rejects-review-of-order-to-pay-rs-154-cr-compensation-to-ex-air-force-staff-for-transfusion-of-hiv-infected-blood
Trending Judiciary
SC rejects review of order to pay Rs 1.54 Cr compensation to ex Air Force staff for transfusion of HIV infected blood [Read Order]

SC denies review of Rs 1.54 Cr HIV compensation order to ex-Air Force staff for medical negligence.

13 April, 2024 03:13 PM
cji-cautions-against-overlooking-ethical-legal-consideration-on-use-of-ai-in-court-adjudication
Trending Legal Insiders
CJI cautions against overlooking ethical legal consideration on use of AI in court adjudication

CJI D Y Chandrachud warns about ethical, legal challenges in AI use in courts, stressing need for thorough review.

13 April, 2024 07:08 PM
need-to-safeguard-judiciary-from-unwarranted-pressures-21-ex-judges-write-letter-to-cji
Trending Legal Insiders
Need to safeguard judiciary from unwarranted pressures: 21 ex-judges write letter to CJI

21 ex-judges write to CJI Chandrachud urging protection of judiciary from pressures undermining its integrity and autonomy.

15 April, 2024 12:17 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email