The Himachal Pradesh High Court has ruled that human teeth cannot be classified as a “deadly weapon” under the Indian Penal Code (IPC). The Court held that while injuries caused by human bites may at times be grievous, they cannot fall within the purview of Sections 324 or 326 of the IPC, which deal with voluntarily causing hurt or grievous hurt using dangerous weapons or means. Instead, such cases must be dealt with under Section 325 of the IPC, which specifically addresses voluntarily causing grievous hurt without the use of any weapon.
This ruling came in the context of an appeal where the accused had been convicted under Section 326 IPC for causing grievous injury through a human bite. The Court noted that there had been a divergence of judicial opinion on this issue across various High Courts. For instance, the Madhya Pradesh High Court had previously observed that teeth could be considered a cutting instrument depending on the nature of the wound inflicted. However, the Himachal Pradesh High Court categorically disagreed with this reasoning, emphasizing that body parts such as teeth, hands, or legs cannot be equated with external weapons or instruments.
The Court drew support from earlier judgments of the Supreme Court, which had clarified that for an injury to fall under Sections 324 or 326 IPC, it must be caused by an external instrument capable of cutting, stabbing, or shooting, such as a knife, gun, or other weapon. Human teeth, despite being capable of inflicting serious injury, do not fall into that category. Therefore, any grievous hurt caused by a bite must be tried under Section 325 IPC.
The judgment also reaffirmed the importance of adhering to clear statutory interpretation, noting that criminal provisions must not be extended beyond their intended scope. The Court emphasized that while the seriousness of injuries caused by bites should not be underestimated, it is equally important not to stretch the meaning of the word “weapon” to include natural body parts.
By clarifying this distinction, the Himachal Pradesh High Court has provided much-needed consistency in the interpretation of the IPC provisions relating to hurt and grievous hurt. The ruling ensures that while offenders causing grievous injuries through human bites can still be punished under law, they will not face the enhanced penalties associated with the use of deadly or dangerous weapons.
This decision thus strikes a balance between ensuring accountability for grievous bodily harm and maintaining fidelity to the statutory language of the IPC. It reinforces that courts must carefully distinguish between harm caused by natural body parts and harm caused through the use of weapons or instruments, ensuring proportionality and legal certainty in criminal justice.
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