1. Acid attack — Application for discharge under Section 326A, IPC — Dispute over whether injuries classified as simple attract the said provision. (Para 2 , 14 )
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2018 Supreme(SC) 1048
SUPREME COURT OF INDIA
KURIAN JOSEPH, SANJAY KISHAN KAUL, JJ.
Maqbool – Appellant
Versus
The State of Uttar Pradesh & Another – Respondents
Criminal Appeal No. 1143 of 2018 [Arising out of S.L.P. (Criminal) No. 7158 of 2018]
Decided On : 07-09-2018
IMPORTANT POINT
Irrespective of the other seven specified injuries being simple or grievous, sections 362A and 362B are attracted.
Headnote:Indian Penal Code, 1860 – Section 326A and 326B – Specifying eight types of injuries, grievous hurt being one of them – Irrespective of the other seven specified injuries being simple or grievous, sections 362A and 362B are attracted. (Para 7, 8, 9)
Criminal Miscellaneous Petition No. 681 of 2017 (Raj); 2018 SCC OnLine Mad 2332 – Overruled
Interpretation of statute – Title of the provision does not invariably indicate contents of the provision – Title cam come to aid if contents of provision are ambiguous – In the event of a conflict between the plain expressions in the provision and the indicated title, the title cannot control the contents of the provision. (Para 10)
(2004) 4 SCC 766; (2013) 10 SCC 772; (2004) 9 SCC 686 – Relied upon
Facts of the case:
In an acid attack, if the injury is simple, whether an offence under Section 326A of the Indian Penal Code is attracted, is the main question for consideration in this case. And if the injury is only simple, whether charge can be framed under Section 326B is the incidental issue.
Finding of the Court:
Irrespective of the other seven specified injuries being simple or grievous, sections 362A and 362B are attracted.
Result: Appeal dismissed.
Legal Category Hierarchy
Table of Contents
2. Appellant contends that Section 326A, IPC is not attracted if the medical report classifies the resulting injuries as simple rather than grievous. (Para 14 )
3. The court analyzed the eight specified injuries under Sections 326A and 326B, noting that seven are based on aftereffects regardless of gravity. (Para 6 , 7 , 9 )
4. Section 326A, IPC is attracted if any of the eight specified injuries occur, regardless of whether they are classified as simple or grievous. (Para 7 , 9 , 16 )
5. Appeal dismissed; trial court's rejection of the discharge application upheld. (Para 17 )
6. Does Section 326A IPC require the injury to be grievous as defined under Section 320 IPC?
No. Although the title mentions grievous hurt, the section lists eight types of injuries. Seven of these are based on the normal aftereffects of acid attacks and can be either simple or grievous; the special provisions are attracted if any of these eight injuries occur. (Para 6 , 7 , 9 )
7. What is the legal distinction between Section 326A and Section 326B of the IPC?
Section 326A requires the actual causing of specified injuries, whereas Section 326B penalizes the act or attempt of throwing or administering acid with the intent to cause such injuries. (Para 8 )
8. How does the court treat the title of a statutory provision when interpreting the law?
The title is a broad indicator of the subject matter. If the provision's language is plain and unambiguous, the title is irrelevant and cannot control the meaning of the plain words of the section. (Para 10 , 12 , 13 )
JUDGMENT :
Kurian, J.
1. Leave granted.
2. In an acid attack, if the injury is simple, whether an offence under Section 326A of the Indian Penal Code (hereinafter referred to as ‘IPC’) is attracted, is the main question for consideration in this case. And if the injury is only simple, whether charge can be framed under Section 326B is the incidental issue.
3. Section 326A was introduced by The Criminal Law (Amendment) Act, 2013 pursuant to the recommendations contained in the Report of the Committee on Amendments to Criminal Law, popularly known as J.S. Verma Committee Report. The pre-amended provision covering such injuries is Section 326. To quote:
“326. Voluntarily causing grievous hurt by dangerous weapons or means.- Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a 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 1[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.”
4. “Grievous hurt” is defined under Section 320 of IPC and “hurt” under Section 319 of IPC. To quote:
“319. Hurt.- Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.”
“320. Grievous hurt.- The following kinds of hurt only are designated as “grievous”:-
First - Emasculation.
Secondly - Permanent privation of the sight of either eye.
Thirdly - Permanent privation of the hearing of either ear,
Fourthly - Privation of any member or joint.
Fifthly - Destruction or permanent impairing of the powers of any member or joint.
Sixthly - Permanent disfiguration of the head or face.
Seventhly - Fracture or dislocation of a bone or tooth.
Eighthly - Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.”
5. Injuries caused or attempted to be caused by use of acid, have been, under the amendment, categorized differently as separate or special offences under Sections 326A and 326B of IPC:
“326A. Voluntarily causing grievous hurt by use of acid, etc.- Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine;
Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim;
Provided further that any fine imposed under this section shall be paid to the victim.”
“326B. Voluntarily throwing or attempting to throw acid.- Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
Explanation 1.- For the purposes of section 326A and this section, "acid" includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or
