Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – ss.326A and 326B – Offence under,whether attracted, if the injury in an acid attack is simple – Plea ofappellant for discharge u/s.326A on the ground that the injurycaused was simple as per the medical report hence, he cannot becharged u/s.326A, rejected – Propriety of – Held: It is not thepercentage or gravity of injury, which makes the difference – Be itsimple or grievous, if the injury falls under the specified eight typesu/s.326A on account of use of acid, the offence u/s.326A isattracted – Merely because the title to s.326A speaks aboutgrievous hurt by use of acid, it is not a requirement under theSection that the injuries caused should be invariably grievous –s.326B would be attracted in case the requirements specified aremet on an attempted acid attack – Appeal dismissed – The CriminalLaw (Amendment) Act, 2013.Penal Code, 1860 – ss.326A and 326B – Difference between– Discussed.Interpretation of Statutes – Title of the provision and itscontents – Conflict between – Held: Title to the provision need notinvariably indicate the contents of the provision – In the event of aconflict between the plain expressions in the provision and theindicated title, the title cannot control the contents of the provision– Title is only a broad and general indication of the nature of thesubject dealt under the provision |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2018 INSC 799 |
Petitioner | Maqbool |
Respondent | The State Of Uttar Pradesh And Another |
SCR | [2018] 12 S.C.R. 885 |
Judgement Date | 2018-09-07 |
Case Number | 1143 |
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