सं Samvidhan

Indian Penal Code, 1860

Section 326

repealed

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 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.

Why this exists

This section combines the two most serious aggravating factors in the hurt-related offences: the severity of the injury (grievous hurt) and the dangerousness of the method used (weapons, fire, poison, acid, and similar means). It reflects the law's view that combining serious harm with inherently dangerous methods deserves among the harshest punishments short of homicide offences. Under the Bharatiya Nyaya Sanhita, 2023, this offence is now covered under Section 118(2), though acid attacks are separately and specifically addressed under Sections 124 and 125 of the BNS, reflecting the Criminal Law (Amendment) Act, 2013 which first carved out acid attacks as distinct offences under Sections 326A and 326B of the IPC.

How courts read it

Courts have held that this section requires proof that the accused used one of the specifically listed dangerous means, and that the injury actually caused meets the definition of grievous hurt under Section 320; both the manner of attack and the severity of the resulting injury must be established for a conviction under this harsher provision rather than Section 325.

Common misconceptions
  • Myth: Acid attacks are still punished under this general section today.
    Fact: Since 2013, acid attacks are specifically addressed under separate Sections 326A and 326B of the IPC (and their BNS equivalents), which prescribe their own tailored punishments distinct from this general provision.