38.6c New Delhi, India, Thursday, July 25, 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

investor-vishvanidhi-dalmia-accused-of-collusion-in-nsel-scam-maharashtra-govt-affidavit-reveals
Trending Judiciary
Investor Vishvanidhi Dalmia accused of collusion in NSEL Scam, Maharashtra Govt Affidavit reveals [Read Affidavit]

Investor Vishvanidhi Dalmia accused of colluding with NSEL's prime accused Jignesh Shah, as revealed in Maharashtra Government's affidavit filed in Bombay High Court.

24 July, 2024 09:34 AM
sc-declines-re-test-of-neet-ug-2024
Trending Judiciary
SC declines re-test of NEET UG, 2024

SC declines re-test for NEET UG 2024 due to insufficient evidence of systemic paper leak, affecting only 155 students and preserving the sanctity of the exam.

24 July, 2024 10:00 AM

TOP STORIES

supreme-court-allows-compounding-of-offence-in-cheque-dishonour-case
Trending Judiciary
SUPREME COURT ALLOWS COMPOUNDING OF OFFENCE IN CHEQUE DISHONOUR CASE [Read Judgement]

Supreme Court allows compounding of offence in cheque dishonour case, emphasizing the priority of compensatory aspects over punitive in settlements.

19 July, 2024 09:12 AM
allahabad-hc-directs-passport-authority-to-decide-on-application-without-prior-court-permission-in-pending-criminal-cases
Trending Judiciary
Allahabad HC directs Passport Authority to decide on application without prior court permission in pending criminal cases [Read Order]

Allahabad HC directs Passport Authority to decide applications without prior court permission for individuals with pending criminal cases within a specified timeframe.

19 July, 2024 10:03 AM
restrictions-in-law-not-to-prevent-constitutional-court-from-granting-bail-if-right-to-speedy-trial-infringed-sc
Trending Judiciary
Restrictions in law not to prevent constitutional court from granting bail if right to speedy trial infringed: SC [Read Judgement]

SC affirms constitutional courts can grant bail despite restrictive laws if the right to a speedy trial under Article 21 is infringed.

19 July, 2024 10:17 AM
sexual-harrasment-charges-against-wb-governor-sc-to-examine-constitutional-immunity
Trending Judiciary
Sexual harrasment charges against WB Governor: SC to examine constitutional immunity

The Supreme Court will examine a plea to investigate sexual harassment allegations against West Bengal Governor C V Ananda Bose, challenging his constitutional immunity.

19 July, 2024 01:46 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email