Human teeth not a ‘Deadly Weapon’ under IPC 324, rules Himachal Pradesh High Court

Shimla, Sept 11,

The Himachal Pradesh High Court has ruled that human teeth do not qualify as a “deadly weapon” under Section 324 of the Indian Penal Code (IPC).

Justice Rakesh Kainthla made the observation while deciding a revision plea filed by Khelo Ram, who was convicted for trespass and molestation in a 2007 case. While upholding his conviction under Sections 452, 354, and 323 IPC, the Court set aside the conviction under Section 324 IPC, holding that a human bite cannot be treated as an injury caused by a deadly weapon.

The prosecution had alleged that the accused forcibly entered the victim’s room at night, molested her, and bit her on the cheek. Both the trial court and the appellate court had convicted him under multiple sections of IPC.

“The trial court erred in treating human teeth as a deadly weapon. Such an interpretation would stretch the definition beyond legislative intent,” the High Court observed.

The Court, however, found the victim’s testimony consistent and corroborated by medical evidence and her brother-in-law’s statement, thereby upholding the conviction for molestation and house trespass.

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