326 of IPC

Section 326 of IPC ?

Section 326 of IPC pertains to the offense of voluntarily causing "grievous hurt" by dangerous weapons or means. 

According to this section, whoever 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 for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

The key element of this offense is that the hurt must be voluntarily caused by dangerous weapons or means, which is likely to cause death or causes "grievous hurt" as defined by the IPC, which is a more serious injury.

It is considered as cognizable, non-bailable and non-compoundable offense, the punishment for an offense under section 326 is more severe than that under section 325.The court may take into consideration the circumstances of the case and the offender's criminal history while determining the sentence.

What is the punishment under section 326 of IPC ?

The punishment for an offense under Section 326 of the Indian Penal Code (IPC) is imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and a fine. 

Possibility of bail Under section 326 of IPC ?

The bail provisions for an offense under Section 326 of the Indian Penal Code (IPC) are non-bailable, which means that bail cannot be granted as a matter of right to the accused. However, the accused person can still apply for bail and the court has the discretion to grant bail, depending on the facts and circumstances of the case.

The granting of bail in non-bailable offenses is at the discretion of the court and depends on various factors such as the nature and gravity of the offense, the evidence against the accused, the previous criminal history of the accused, the likelihood of the accused absconding or tampering with evidence, the severity of the punishment, and the possibility of conviction.

In case of Section 326 IPC, if the court finds that the evidence against the accused is not strong or that the accused is not likely to abscond or tamper with evidence, it may grant bail. However, if the court finds that there is a likelihood of the accused absconding or tampering with evidence, it may refuse to grant bail.

The court may also impose stringent conditions while granting bail such as a higher amount of bail bond, depositing passport, or executing a bond with sureties. The accused may also be asked to report to the police station regularly.

Explanation of 326 IPC with example 

For example, if a person intentionally hits another person with a sharp object such as a knife or a broken bottle causing a deep cut or a major injury, this action would be considered as voluntarily causing "grievous hurt" by dangerous weapons. The injury caused is considered as "grievous hurt" as defined by the IPC and the weapon used (sharp object) is considered as dangerous weapon. In this case, the person can be charged under Section 326 of IPC for voluntarily causing "grievous hurt" by dangerous weapons.

Another example would be if a person throws acid on another person with the intention of causing injury, this action would be considered as voluntarily causing "grievous hurt" by corrosive substance. The injury caused is considered as "grievous hurt" as defined by the IPC and the weapon used (acid) is considered as corrosive substance. In this case, the person can be charged under Section 326 of IPC for voluntarily causing "grievous hurt" by corrosive substance.

It's important to note that in both examples, the offender can be charged under Section 326 of IPC for voluntarily causing "grievous hurt" by dangerous weapons or means and can be punished as mentioned under the section, which is imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and a fine.