S.326 IPC | Whether Stone Constitutes 'Dangerous Weapon' Depends On Its Nature, Size, Sharpness Or Potential To Cause Death: Kerala High Court

The Kerala High Court has held that a stone need not always be a 'dangerous weapon' for the purpose of attracting the offence under Section 326 of the Indian Penal Code (IPC).In the present case, the criminal revision petitioner was convicted of the offence for hitting the de facto complainant on his face with a stone and for causing fracture of the bone.For context, Section 326 IPC provides for the offence of voluntarily causing grievous hurt by dangerous weapons or means.The Court observed that though the term 'dangerous weapon' is not defined, there are two categories of dangerous weapons as per the provision: (i) instruments for shooting, stabbing or cutting, and (ii) any instrument, when used as a weapon, is likely to cause death.Dr. Justice Kauser Edappagath noted, “The qualification 'which, used as a weapon of offence, is likely to cause death' is provided only for the second category, i.e., 'any instrument'. So if the instrument used to cause grievous hurt is an instrument for shooting, stabbing or cutting (such as a gun, knife, sword, etc.), it is not necessary to prove that such an instrument is likely to cause death. The prosecution needs to establish that the weapon used for causing grievous hurt is likely to cause death only in a case of 'any instrument' which falls under the second category.”Taking the example of stone, which was the weapon in question, the Court observed that it need not always be a dangerous weapon unless used as an instrument for cutting or used as such that it is likely to cause death. Depending on its size, nature, sharpness, etc. a stone can be used as an instrument of cutting, it said. The Court observed, “Thus, a stone may qualify as a dangerous weapon depending on its nature, size, sharpness or its potential to cause the death of a person.”Going through the facts of the present case, the Court remarked that there was no evidence regarding the size, nature or sharpness of the stone used nor was it proven that the stone had potential to cause death. The Court also noted that the injuries caused were not those falling under the scope of Section 320 IPC, which defines the term 'grievous hurt'. On the contrary, the Court found that these were 'simple hurt', punishable under the lesser offence of Section 323 IPC. Therefore, the Court modified the charge to Section 323 IPC and set aside the conviction under Section 326 IPC. Considering the advanced age of the petitioner and other factors, the sentence of punishment was modified to simple imprisonment for three days and a fine of Rs.2,000/-.Since the petitioner had already undergone 3 days' imprisonment, the Court directed for payment of fine alone. Thus, the petition was allowed in part.Case No: Crl.Rev.Petition No. 1520 of 2006Case Title: Kumaran. v. State of KeralaCitation: 2025 LiveLaw (Ker) 441Counsel for the petitioner: P.V. Anoop, Phijo Pradeesh PhilipCounsel for the respondent: Sangeetha Raj N.R. – Public ProsecutorAmicus Curiae: Thushara K.Click To Read/Download Judgment

S.326 IPC | Whether Stone Constitutes 'Dangerous Weapon' Depends On Its Nature, Size, Sharpness Or Potential To Cause Death: Kerala High Court

K. Salma Jennath

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