Section 326 Indian Penal Code Know The Section

Main ingredients of an offence under Section 326

• Accused must commit/submit in an act with the knowledge that he is likely to hurt the victim grievously.
• He deliberately caused it. Nobody constrained him to do such an act
• He committed the criminal act using by following methods:
  • By an instrument of wounding, shooting or cutting.
  • By an instrument, which whenever used as a weapon, can cause the death of an individual.
  • By fire or some other heated substance.
  • By any toxic or any corrosive substance.
  • By using any sort of explosive substance.
  • By using any substance which is harmful to the human body to inhale, to swallow, or to re­ceive into the blood

Section 326 Indian Penal Code will not be attracted if any of these, and if there was no purpose/intention of the person committing the act to cause death or if he/she was unaware of the fact that his action can cause serious damage which can result in the death of the person. The punishment includes imprisonment for life, or it could be extended to 10 years term and also makes an individual responsible to pay the fine. Crimes which are committed under this section are cognizable and non-bailable, triable by Magistrate of the first class.

Classification under IPC Section 326 –Section 326(A), Section 326(B)

Moving further with IPC section 326, it is divided into two subsections. These reads as:

Section 326A

Knowingly causing grievous hurt by the use of acid, substance etc.
“Whoever causes permanent or partial damage or deformity to, or burn or maims or disfigures or disables, any part 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 to cause 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 life imprisonment, 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. ”

1. For Section 326A, “acid” includes any substance which has an acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability.
2. For Section 326A, permanent or partial damage or deformity shall not be required to be irreversible

Section 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 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.”

Difference & Similarity Under IPC Section 326A and IPC Section B

Now, it is better to read IPC sections 326A and 326B together. This is so because section 326B is the cause and section 326A provides the effect.
Ex... Voluntarily throwing acid or even attempting to throw acid is an offence. Whereas, if acid thrown causes grievous hurt, it becomes an offence under Sec 326B IPC.
The basic difference between section 326A and 326B of IPC is the cause of actual injury to the victim. Under Section 326A the offender is successful in hurting the victim whereas under Section 326B the offender only throws or attempts to throw acid, without being able to hurt the intended victim.

Charges and Punishments under IPC Section 326A and IPC Section 326B

For Section 326A there is mandatory minimum punishment of ten years which may extend to imprisonment for life and, in either case, with a fine. The fine is mandatory and the quantum should be just and reasonable in the sense that it should be, in any case, sufficient to meet the medical expenses for the treatment of the victim. IPC Section 326A requires that the fines imposed should be paid to the litigant.
Whereas, an offence under Section 326B is punishable with mandatory minimum imprisonment of five years, which may extend to seven years and fine .
Related Case: MAQBOOL v. THE STATE OF UTTAR PRADESH

FAQ’s about section 326 Indian Penal Code

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