• 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 7 years ago in Criminal Law
Religion: Sikh

9 answers received in 1 day.

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9 Answers

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
94518 Answers
7485 Consultations

5.0 on 5.0

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
94518 Answers
7485 Consultations

5.0 on 5.0

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
111 Answers
1 Consultation

4.2 on 5.0

Dr jatinder i crossed him last wéek

Shivam Sood
Advocate, Ludhiana
111 Answers
1 Consultation

4.2 on 5.0

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
446 Answers
15 Consultations

4.7 on 5.0

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
30763 Answers
972 Consultations

5.0 on 5.0

Consult a lawyer with a copy of FIR and MLR.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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
84711 Answers
2172 Consultations

5.0 on 5.0

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
84711 Answers
2172 Consultations

5.0 on 5.0

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