Use Of Dangerous Weapons In Assaults
1. Definition and Scope
Assault involves intentionally causing apprehension or fear of bodily harm or actually inflicting bodily injury.
When an assault is committed with the use of dangerous weapons, it escalates the seriousness of the offense.
A dangerous weapon is any instrument which, by its nature or use, is likely to cause death or serious bodily injury (e.g., knives, firearms, sticks, stones, acid).
Indian Penal Code (IPC) has several sections dealing specifically with assaults involving weapons, increasing the punishment to reflect the severity.
2. Relevant Legal Provisions
Section 319 IPC: Hurt caused by dangerous weapons or means.
Section 320 IPC: Defines “grievous hurt” including wounds caused by dangerous weapons.
Section 324 IPC: Voluntarily causing hurt by dangerous weapons or means.
Section 326 IPC: Voluntarily causing grievous hurt by dangerous weapons or means.
Section 307 IPC: Attempt to murder, often invoked when weapons are used to cause life-threatening injuries.
Section 25 to 27 Arms Act, 1959: Deals with illegal possession and use of firearms.
3. Importance of Weapon’s Nature & Use
The nature of the weapon (whether inherently dangerous) and the manner in which it is used (intended to cause serious harm) both influence the charge and punishment.
Even an otherwise harmless object can become a dangerous weapon based on the manner of use.
4. Important Case Laws on Use of Dangerous Weapons in Assaults
Case 1: State of Maharashtra v. Damu Gopinath Shinde (1990)
Facts:
The accused assaulted the victim with a knife causing serious injuries.
Issue:
Whether assault with a knife amounts to an offense under Sections 324/326 IPC.
Holding:
The Supreme Court held that the knife is a dangerous weapon per se, and its use to cause hurt falls under Section 324 or 326 depending on injury severity.
Significance:
Reinforced the principle that sharp cutting instruments are inherently dangerous weapons in assaults.
Case 2: Dalbir Singh v. State of Punjab (2001)
Facts:
Accused struck the victim with an iron rod leading to grievous injuries.
Issue:
Whether iron rod is a dangerous weapon and what is the liability?
Holding:
The Court held that the iron rod is a dangerous weapon. Causing grievous hurt with such an instrument amounts to an offense under Section 326 IPC.
Significance:
Clarified that blunt instruments, if capable of causing serious injury, qualify as dangerous weapons.
Case 3: Sukhwinder Singh v. State of Punjab (2015)
Facts:
Accused fired a gun at the victim causing serious injuries.
Issue:
Use of firearm in assault — applicability of Section 307 IPC.
Holding:
The Supreme Court held that use of firearm, an inherently deadly weapon, in assault indicates intent to cause death or grievous hurt, justifying the charge of attempt to murder.
Significance:
Confirmed that firearms used in assaults raise the gravity of offense to attempt to murder.
Case 4: Raghunath v. State of Madhya Pradesh (1960)
Facts:
Accused assaulted victim with a stick, leading to injuries.
Issue:
Is a stick a dangerous weapon?
Holding:
The Court held that a stick can be a dangerous weapon if used in a way likely to cause serious harm.
Significance:
Established that even common objects can become dangerous weapons depending on mode and intent of use.
Case 5: Suraj Mal v. State of Haryana (1989)
Facts:
Accused threw acid on victim’s face causing grievous injury.
Issue:
Whether acid is a dangerous weapon under IPC.
Holding:
The Court held acid is a dangerous weapon and intentional harm by acid constitutes an offense under Section 326A and 326B (acid attacks).
Significance:
Recognized acid as a dangerous weapon with specific provisions under IPC.
Case 6: Ram Singh v. State of U.P. (2018)
Facts:
Accused assaulted victim with a sharp knife in a quarrel.
Issue:
Whether intention to cause grievous hurt or death can be presumed from use of a weapon.
Holding:
Court ruled that use of sharp weapon like knife indicates intent to cause grievous hurt, unless otherwise proved.
Significance:
Highlighted that use of dangerous weapons in assaults generally implies intention to cause serious injury.
5. Summary and Key Takeaways
Use of dangerous weapons in assault enhances criminal liability and punishment.
Weapons can be:
Inherently dangerous (firearms, knives, acid).
Ordinary objects used dangerously (sticks, stones).
The intention, nature of weapon, and extent of injury determine the applicable IPC sections.
Courts examine weapon's nature, manner of use, and injury severity to decide charges.
Sections 324, 326, 326A, 326B, and 307 IPC are most commonly invoked.
RELATED Blog
0 comments