Motorbike Constitutes 'Dangerous Weapon' U/S 324 IPC If Used To Cause Harm To Human Body: Kerala High Court
The Kerala High Court has held that a motorbike can qualify as a 'dangerous weapon' under Section 324 of the Indian Penal Code, if it is used intentionally to cause harm.Justice Kauser Edappagath delivered the judgment interpreting the provision which penalizes the offence of "voluntarily causing hurt by dangerous weapons or means".The petitioner had been found guilty under section 324 of IPC...
The Kerala High Court has held that a motorbike can qualify as a 'dangerous weapon' under Section 324 of the Indian Penal Code, if it is used intentionally to cause harm.
Justice Kauser Edappagath delivered the judgment interpreting the provision which penalizes the offence of "voluntarily causing hurt by dangerous weapons or means".
The petitioner had been found guilty under section 324 of IPC and was convicted for the said offence by the Judicial first Class Magistrate Court. The conviction was upheld by the Sessions Court prompting the accused to file a Criminal revision petition.
The counsel for the petitioner argued that motorbike cannot be termed as a weapon or instrument to attract the offence under section 324 of IPC as it is a means of conveyance and not a weapon.
Rejecting the argument, the Court elaborated on the statutory language of “dangerous weapon” under Section 324 of IPC.
It observed “the expression “any instrument which is used as a weapon” gives a significantly broader scope to the said provision, capable of taking within it any instrument which does not have the characteristics of a weapon under normal circumstances, provided the same was used as a weapon to cause hurt.”
The Court relied on Mathai v State of Kerala [ (2005) 3 SCC 260], where the Supreme Court held that the classification of an object as a dangerous weapon depends on its use and potential to cause harm in specific circumstances.
Thus, the Court held, “While a motorbike is not inherently a weapon, its potential to cause death or serious injury when used to injure someone qualifies it as a dangerous weapon in such circumstances. Therefore, a motorbike can be considered a dangerous weapon outlined in Section 324 of the IPC if it is used to cause harm to another person.”
Though the Court upheld the conviction, it reduced the sentence, noting that the incident occurred over two decades ago and that the accused had been under the shadow of prosecution for many years. It also acknowledged that the victim sustained only minor injuries.
Case Name - Manoj v State of Kerala
Case No- Crl. Rev. 162/ 2013
Citation - 2025 LiveLaw (Ker) 437
Counsel for Revision Petitioner - B Mohanlal, Preeta P S
Counsel for Respondent - S Rajeev, EC Bineesh - PP
Click to Read/ Download Judgment