Ipc 324
Querist :
Anonymous
(Querist) 29 November 2011
This query is : Resolved
Hello Sir,
I have a criminal case against me of section 324, 323, 451.
Judge rejected my discharge from section ipc 324 saying that whether fists and blows given by the accused were of dangerous means or not is to be established in the trial, also said court can alter charge any time, the medical report shows the inhuries are of simple nature.
Is the rejection of discharge from ipc 324 correct by the judge, can i appeal against it in the revesion? any judgement of supreme court or any court. Can really ipc 324 be made out even if fists and blows and kicks and punches are there and medical injury shows simple hurt? Let me know if you want more details sir?
Deepak Nair
(Expert) 29 November 2011
Hi,
Sec.324 deals with causing hurt with dangerous weapons or means and 323 deals with punishment for voluntarily causing hurt.
In your case, teh learned Magistrate is not wrong as whether 324 applies to your case can be proved or disproved in the trial.
Even though you always have the right to go for an appeal or a rivision against the order of the court.
Querist :
Anonymous
(Querist) 29 November 2011
Sir,
Section 324. Voluntarily causing hurt by dangerous weapons or means
Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Sir....the dangerous means =instrument for shooting, stabbing or cutting or death, can hands and legs be called as an instrument?? My lawyers argued on this point the medical report probable weapon used is...hand and blunt object...
please tell how can kicks and punches be such?? and medical injury is simple.
Rajeev Kumar
(Expert) 29 November 2011
Section 324 deals with voluntarily causing hurt by dangerous weapons or means. In detail it is as follow whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting,stabbing, or cutting or any instrument which used as weapon of offence,is likely to cause death, or by means of fire or any heated substance, or by means of any poison or corrosive substance, or by means of any explosive substance, or by means of any substance which is deleterious to human body to inhale,to swallow,or to receive into blood, or by means of any animal shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or both. In your case ld. Magistrate is right whether the section is applicable or not can only be decided in trial. Where as the question of revision/appeal lies it is your right and fully depends upon you
Shonee Kapoor
(Expert) 29 November 2011
The Magistrate is right so are experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 29 November 2011
Sir.........but can hands and legs b counted as an instrument ??
Querist :
Anonymous
(Querist) 29 November 2011
how can kicks and punches by hands and legs become instrument?? medical report showing simple injury
Rajeev Kumar
(Expert) 29 November 2011
Let us see the medical report which discloses probable weapon used is hand and blunt object. Shoe brone in your leg is whether blunt object or not? Is the shoe sole is blunt object or not? Is shoe sole is an instrument or not when it is applied on some vital parts of body?
Raj Kumar Makkad
(Expert) 29 November 2011
Nothing remains to be added in the detailed reply of Rajesh and some other experts on different aspects of query.
Querist :
Anonymous
(Querist) 05 December 2011
Sirji,
What is the difference between ipc 323 and 324?
Querist :
Anonymous
(Querist) 05 December 2011
ye to mujhe bhi maloom hai ki 323 324 k pehle aata hai....and 325 324 k baad aata hai....but sirji main ye poonch raha hoon ki --"What is the ingredient to file 323" and "What is the ingredient to file 324", "what is the factor that distinguishes specifically the offense of 323 & 324" ??
