Indian Penal Code: Causing hurt

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Weapons

Pepper spray is a ‘dangerous weapon’: HC

May 7, 2024: The Times of India

Bengaluru: Citing a US court ruling, the Karnataka HC observed recently that pepper spray was a dangerous weapon, and refused to quash investigations in a criminal case registered against C Ganesh Narayan, one of the directors of jewellery brand C Krishnaiah Chetty & Sons (CKC & Sons), and his wife Vidya Nataraj.


The petitioners were accused of attacking Randeep Das, a security guard employed by CKC & Sons showroom at Shiva jinagar in Bengaluru, and some labourers working on their compound wall on April 29, 2023. Both sides indulged in verbal and physical fights, during which Vidya allegedly used pepper spray.


On a complaint filed by Das, a case was registered against the petitioners under IPC sections 323 (punishment for causing hurt), 324 (causing hurt with weapons), 341 (wrongful restraint), 427 (mischief causing damage), 504 (intentional insult) and 506 (criminal intimidation). 


Challenging the complaint, the petitioners argued they were forced to use pepper spray in defence and it is protected under IPC section 100 (right to self-defence). They claimed Das and the others attempted to interfere with their property and there was injury caused to Vidya as well.


“Pepper spray is undoubtedly a dangerous weap- on. There is no determination by any law being laid down in this country with regard to usage of pepper spray being a dangerous weapon, but a court in USA in People vs Sandez (case) in 2018 has held that noxious chemical sprays, like pepper sprays, are dangerous weapons,” the judge held.


Justice M Nagaprasanna, citing a Supreme Court ruling, said Vidya could not have used pepper spray “as prima facie, there was no imminent threat or danger toher life”.