Section 324 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 324 – Bharatiya Nyaya Sanhita (BNS), 2023
Text (Paraphrased for clarity):
“Whoever voluntarily causes hurt by means of any weapon, instrument, or other means likely to cause death or grievous bodily harm, shall be punished with imprisonment and/or fine as prescribed.”
1. Key Elements of Section 324
To prosecute under Section 324, the following elements must be present:
Voluntary Act
The act causing hurt must be intentional, not accidental.
The accused must have intended to inflict harm or known that harm was likely.
Causation of Hurt
The victim must suffer hurt, defined under BNS (similar to bodily pain, injury, or impairment of health).
“Grievous hurt” involves serious injuries like fractures, loss of organ function, or permanent disfigurement.
Use of Weapon or Dangerous Instrument
Any weapon, firearm, sharp object, or instrument capable of causing serious harm falls under this section.
Even an object not designed as a weapon can be included if it causes grievous injury.
Mens Rea (Intention or Knowledge)
The accused must know or intend that the act is likely to cause serious hurt.
Reckless or negligent acts may fall under other sections, not 324.
2. Punishment
Imprisonment: Usually up to 3 years (may vary based on severity in BNS).
Fine: As prescribed by law.
Aggravation: If the act causes grievous injury or is done with extreme cruelty, punishment can be extended under related sections.
3. Distinction from Other Sections
| Section | Key Difference from 324 |
|---|---|
| Section 323 BNS | Covers hurt without weapon; simple hurt. 324 requires weapon or dangerous instrument. |
| Section 326 BNS | Covers grievous hurt by dangerous weapons; 324 can apply to both simple or grievous hurt. |
| Section 307 BNS | Attempt to murder; 324 does not require intent to kill, only to hurt. |
4. Illustrative Case Examples
Even though BNS, 2023 is new, courts interpret similar sections under prior law. Here are illustrative examples showing application:
Case 1: Assault with Knife
A man stabs another in a bar fight, injuring his arm.
Section 324 applies because a weapon (knife) was used to voluntarily hurt.
Case 2: Beating with Stick
A mob attacks a victim using sticks and rods.
Section 324 applies due to use of an instrument capable of causing grievous hurt, even if death was not intended.
Case 3: Acid Throwing (Attempted Serious Injury)
Throwing acid causing burns.
Falls under 324 for grievous hurt by dangerous means.
Case 4: Road Rage with Blunt Object
Victim beaten with an iron rod after an argument.
Courts treat it as voluntary hurt by dangerous instrument, attracting 324 penalties.
5. Legal Interpretation
Intention vs. Accident: The act must be deliberate. Accidental harm may fall under negligence laws.
Weapon Use: Courts focus on whether the instrument is likely to cause death or grievous hurt, even if the object is improvised.
Overlap with Other Sections: If the act results in death, Sections 302 or 304 may also apply.
6. Summary
Section 324 BNS, 2023 → Voluntarily causing hurt using a weapon or dangerous instrument.
Key points: Intentional act, use of weapon, voluntary hurt.
Punishment: Imprisonment and/or fine.
Distinction: More serious than simple hurt (323) but less than attempted murder (307).
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