Is a Shoe a Dangerous Weapon Under IPC? Key Analysis

2023 Supreme(US)(ca8) 421

Finally, the definition of "firearm" contained in Application Note 1(H) explicitly states that BB guns are "a dangerous weapon but not a firearm." ... Application Note 1(E) to § 1B1.1 defines a "dangerous weapon" to include "an instrument capable of inflicting death or serious bodily injury" or "an object that is not an instrument capable of inflicting death or serious bodily injury but ....

2023 Supreme(US)(ca4) 14

VICAR offenses, including assault with a dangerous weapon, simply are not run-the-risk crimes—they are deliberate and purposeful machinations to raise one’s clout in a criminal enterprise. ... In other words, he argued that VICAR assault with a dangerous weapon can be a crime of violence only if its predicates are crimes of violence. The predicate Virginia firearm offen....

Court of Appeals for the Fourth Circuit

In other words, he argued that VICAR assault with a dangerous weapon can be a crime of violence only if its predicates are crimes of violence. The predicate Virginia firearm offenses at issue here, he claimed, were not. The district court was not persuaded. ... In that post-Davis motion, Thomas argued that his § 924(c) conviction had to be vacated because the predicate crime under....

2023 Supreme(US)(ca8) 196

Shannan argues McGee is not controlling because the “use” of a dangerous weapon under § 708.2(3) is a different means of violating § 708.2(3) than the “display” of a dangerous weapon. ... In Shannan’s view, the “use” of a dangerous weapon does not require the use of requisite force under the force clause. Iowa courts have not differen....

Penal Code, s. 449-Being armed with dangerous weapon with intent to commit an unlawful act-Charge. ... The appellant is charged with being armed with a dangerous weapon, to wit, a sword, with intent to commit an unlawful act. In the first place, the charge is defective, in that it does not disclose what particular unlawful act the appellant intended to commit. ... When a person is charged under s....

2022 0 Supreme(MP) 988

State decided on 13.2.2014 passed in Criminal Appeal No.414/2013, it is submitted by the counsel for the applicants that whether the weapon of offence was a deadly weapon or a dangerous weapon has to be considered in the light of the facts and circumstances of each case and no generalization can be done ... Under these circumstances, an iron rod cannot be said to be a dangerous weapon. 4....

2024 Supreme(US)(ca4) 193

Thus, the phrase “assaults with a dangerous weapon” simply identifies the relevant generic federal offense and does not add an element of proof to the VICAR crime charged in the indictment. ... Keene, 955 F.3d 391 (4th Cir. 2020), that for every charge of VICAR assault with a dangerous weapon the government must prove as an element the enumerated federal offense of “a....

2023 0 Supreme(P&H) 682

The facts involved in a particular case, depending upon various factors like size, sharpness, would throw light on the question whether the weapon was a dangerous or deadly weapon or not. That would determine whether in the case Section 325 or Section 326 would be applicable.” ... Sections 324 and 326 expression "dangerous weapon" is used. In some other more serious offences, the express....

Any weapon, even a stick, might otherwise be called a lethal weapon. It must be more likely than not to cause death. The weapon must be so dangerous in its nature and so formidable in its size as to be likely to cause death. But here the sickle was not so used. ... A weapon, to be called a cutting weapon, must be more likely than not#HL_END....

2023 Supreme(US)(ca9) 292

To determine whether a weapon is dangerous and unusual, “we consider whether the weapon has uniquely dangerous propensities and whether the weapon is commonly possessed by law-abiding citizens for lawful purposes.” Fyock v. ... LOPEZ 21 dangerous and unusual weapons.” 554 U.S. at 627 (emphasis added) (cleaned up). It did not say that dang....

2022 0 Supreme(Del) 741

Whether weapon is a dangerous weapon or not has to be gauged only on the factual basis..... The plea that the weapon used was not a dangerous weapon had never been urged before the trial court or the High Court. 12.....The expression “an instrument, which used as a weapon of offence, is likely to cause death” should be construed with reference to the nature of the instrument and not the manner of its use. What has to be established by the prosecution is that the accused volun....

2020 0 Supreme(AP) 288

It is not his case that, the blade is not a dangerous weapon. Therefore, it is also to be noted here that, prior to cutting the throat of the deceased, the accused beat the deceased and thereafter cut the throat of the deceased. The evidence of panch witnesses show that, it was sharp on all sides.

2017 0 Supreme(Bom) 890

As per the said report, the weapon Gupti is a dangerous weapon. 17 at post mortem report Exh.65 are possible by the said weapon. The blood stains were noticed at the time of its examination and the injuries as mentioned in column no.

2014 0 Supreme(AP) 244

The facts involved in a particular case, depending upon various factors like size, sharpness, would throw light on the question whether in the case S.325 or S.326 would be applicable. It is not that in every case a stone wound constitute a dangerous weapon. The inevitable conclusion is that a grievous hurt was caused.

2014 0 Supreme(Ker) 41

Any way let us see whether the material object alleged or involved in this case will come under of Section 326 or Section 324, dealing with infliction of grievous hurt with a weapon likely to cause death, when used as a weapon of offence. Though the expression 'dangerous weapon' or 'deadly weapon' is not seen used in Section 324 or 326 IPC, usually law persons refer to the sections as penal sections dealing with infliction of grievous hurt with dangerous weapon or deadly weapon.#HL_E....