• Charges for eye damage in assault

Hello sir,
last month 8-9 person assaulted my younger brother & cousin. in that fight his left eye has totally damaged & lost his vision.police was waiting for Medical Report.Now medical report has been sent by PGI Chandigarh. Now police is not applying IPC 326 by saying this that weapon used for his eye damage is blunt weapon not sharp as per report so they can not apply 326/ or same like this. My question is that any non balable charges can apply in this matter? or police is just harrasing us?
Asked in Criminal Law from Chandigarh, Chandigarh
Religion: Sikh
section 326 in The Indian Penal Code
deals Voluntarily causing grievous hurt by dangerous weapons or means—it is non bailable 

2) accused would be charged for offence under section 325 IPC ie voluntarily causing grievous hurt which is punishable with imprisonment upto 7 years . however said offence is bailable
Ajay Sethi
Advocate, Mumbai
28541 Answers
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police investigations would reveal weapon used in assault

2) testimony of eye witness would indicate  weapon used for assault 

3) wait for police investigations to be completed and charge sheet filed 
Ajay Sethi
Advocate, Mumbai
28541 Answers
1548 Consultations

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Hey i have same incident.... i can sure u of section 326 if u engage me as ur lawyer...
I also assure u for damages i practise in ludhiana
Shivam Sood
Advocate, Ludhiana
84 Answers
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Dr jatinder i crossed him last wéek
Shivam Sood
Advocate, Ludhiana
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You have to file a protest petition before concerned magistrate by mention facts and grievance. the court will take cognizance of offence and justice will do to you. you have to file a separate claim for damages of eye sight loss and compensations   
Lakshmi Kanth
Advocate, Hyderabad
326 Answers
2 Consultations

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If the attack was committed with the intention to murder your brother, notwithstanding the nature of injury contracted by the victim, the accused persons are liable to be prosecuted for attempt to murder. The FIR has to be read to ascertain if the police is right or not. So consult a lawyer with a copy of the FIR.
Ashish Davessar
Advocate, Jaipur
19896 Answers
520 Consultations

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Consult a lawyer with a copy of FIR and MLR.
Ashish Davessar
Advocate, Jaipur
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The provisions of section 326 IPC given below:

326. 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 1[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.

If police is filing a charge sheet with vague and blunt reports, after the charge sheet is filed, the defacto complainant may file a petition before the trial court seeking re-investigation under section 173(8) cr.p.c. for a full fledged investigation .
T Kalaiselvan
Advocate, Vellore
18745 Answers
176 Consultations

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 But exactly we dont know what kind of weapon is used in this incident? 2 accused person is on bail in other cases who involved. Can we do anything to push them in any non bailable charges?

You can refer to my previous answers in this regard. The section 326 is non-bailable offence. 
T Kalaiselvan
Advocate, Vellore
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176 Consultations

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