Human Teeth Are Not A 'Deadly Weapon' Under Section 324 IPC: Himachal Pradesh High Court

The Himachal Pradesh High Court has partly allowed a revision petition, holding that human teeth are not considered as a “deadly weapon” under Section 324 of the Indian Penal Code, which prescribes punishment for voluntarily causing hurt by dangerous weapons.

Justice Rakesh Kainthla stated: “………injury caused by teeth does not fall within the purview of Section 324 of the IPC . Hence, the learned Trial Court erred in convicting and sentencing the accused of the commission of an offence punishable under Section 324 of the IPC.”

The case arose from an incident on March 5, 2007, when the victim was sleeping with her 4-year-old child when, at around 11:30 pm she heard some noise. She saw the accused inside her room. She stated that he tried to strangulate her and her child, kissed her, caught her breasts and bit her on the cheek.

The Trial Court convicted the accused under Sections 451, 354, 323, and 324 of the IPC. The decision of the trial court was upheld by the sessions court noting that the testimony of the victim was supported by medical evidence.

Aggrieved the accused filed a revision petition before the High Court.

The Court observed that the victim had reported the matter to police on the same night at 01:45 a.m, which rules out the possibility of concoction or fabrication in the testimony of the victim.

The Court noted that the trial court had erred in convicting and sentencing the accused for the commission of an offence under section 324 of the IPC for causing voluntary hurt by dangerous weapons.

However, the Court upheld that the punishment imposed by the Trial Court for offences punishable under Sections 451, 354 and Section 323 of the IPC cannot be excessive, as the victim was alone in her house and the accused took advantage of this.

The Court remarked, “A house is considered to be the castle of a person, and trespassing into the house in the middle of the night was a grave offence”. 

Therefore, the Court partly allowed the appeal and set aside the order under section 324 IPC.

Case Name: Khelo Ram V/s State of H.P.

Case No.: Cr. Revision No. 4153 of 2013

Date of Decision: 30.08.2025

For the Petitioner: Mr. Janesh Gupta, Advocate.

For the Respondents: Mr.Lokender Kutlehria, Additional Advocate General

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