AIR 2018 SUPREME COURT 5101 ::AIROnline 2018 SC 771 ::2019 (3) SCC (Cri) 690 ::2019 (11) SCC 395 ::(2018) 4 RecCriR 730 ::(2018) 15 Scale 82 ::(2019) 1 ALD(CRL) 268

Supreme Court Of India

(From: Allahabad)

Hon'ble Judge(s): Kurian Joseph, Sanjay Kishan Kaul , JJ

(A) Penal Code (45 of 1860) , S.326A, S.326B— Acid attack - Percentage or gravity of injury does not make difference for attracting offences under S. 326-A and S. 326-B - Even simple injury comes within purview of S. 326-A and 326-B. Cri. Misc. Petition No. 681 of 2017, D/- 6-2-2017 (Raj) and 2018 SCC Online Mad 2332, Overruled.Interpretation of statutes - Internal aid - Title to provision - If provision is otherwise clear and unambiguous, title pales into relevance. It is not the percentage or gravity of injury, which makes the difference. Be it simple or grievous, if the injury falls under the specified types under Section 326-A on account of use of acid, the offence under Section 326-A is attracted. Section 326-B would be attracted in case the requirements specified are met on an attempted acid attack. Merely because the title to Section 326-A of IPC speaks about grievous hurt by use of acid, it is not a requirement under the Section that the injuries caused should be invariably grievous. Even if the seven injuries are simple, Section 326-A, and under Section 326-B the mere act of throwing or attempt, as indicated in the Section, would attract the offence. The title to the provision need not invariably indicate the contents of the provision. If the provision is otherwise clear and unambiguous, the title pales into irrelevance. On the contra....