Throwing On Another Person Any Liquid Or Substance Other Than ‘Acid’ Not An Offence U/S 326B IPC: Delhi High Court

Case: Rashmee Kansal v. The State and Anr.

Coram: Justice Amit Bansal

Case No.: W.P.(CRL) 712/2022

Court Observation: “…under Section 326-B of the IPC, an offence is made out only if a person throws or attempts to throw ‘acid’ on another person, and not any other liquid or substance,”

“If indeed the liquid that was thrown on the respondent no.2 by the petitioner was ‘acid’, then the respondent no.2 would have suffered external injuries and traces of the acid would have been found on her body,”

“The High Court can go beyond the averments made in the FIR/complaint and ‘read between the lines’ to examine if the ingredients to constitute the alleged offence are made out or not. In order to achieve this, the High Court can take into account the overall facts and circumstances of the case and the material collected in the course of investigation. Of course, while exercising the aforesaid powers, the High Court must exercise due caution, care and circumspection.”

Previous Posts

Conviction For Committing Sexual Offences No Ground For Denying Benefit Of Furlough: Delhi High Court

Retrospective Changes Likely To Devastate Entire Sector, Withdrawal Of Merchandise Exports Scheme Shall Apply Prospectively: Delhi High Court

Allegation Of Caste Discrimination In Madras Bar Association Far-Fetched; Discrimination Doesn’t Flow From Membership Denial: Madras High Court

PNB Regulations | Bank Can’t Withhold PF & Gratuity Without Proving Actual Loss Caused By Employee: Supreme Court

Kerala High Court Allows Married Couple’s Plea To Terminate 32-Week Pregnancy On Grounds Of Foetal Abnormality, Mother’s History Of Depression

Keywords

Throwing On Another Person Any Liquid Or Substance, Delhi High Court