IPC Section 264

IPC Section 264 deals with the offence of voluntarily causing hurt to another person using dangerous weapons or means. This section is crucial because it protects individuals from intentional harm inflicted through dangerous methods that can cause serious injury or endanger life. Understanding this provision helps in recognizing the severity of such offences and the legal consequences involved.

The section ensures that acts causing hurt by dangerous means are penalized appropriately, reflecting the gravity of the offence and deterring such conduct in society.

IPC Section 264 – Exact Provision

This section criminalizes the act of intentionally causing hurt using dangerous weapons or means that can cause serious injury or death. The term "hurt" here refers to bodily pain, disease, or infirmity caused to any person. The use of dangerous means elevates the offence's seriousness compared to simple hurt.

• Applies when hurt is caused voluntarily using dangerous weapons or substances.

• Includes instruments like guns, knives, fire, poison, corrosive or explosive substances.

• Punishment can be imprisonment up to three years, fine, or both.

• Focuses on protecting bodily integrity from dangerous assaults.

Purpose of IPC Section 264

The main objective of IPC Section 264 is to deter individuals from causing bodily harm through dangerous means that can result in severe injury or death. It aims to provide legal protection against violent acts involving weapons or harmful substances, ensuring public safety and order.

• To punish intentional harm caused by dangerous instruments.

• To prevent use of lethal or harmful means in assaults.

• To uphold the right to bodily safety and security.

Cognizance under IPC Section 264

Cognizance of offences under Section 264 is generally taken by the court when a complaint or police report is filed. Since the offence involves voluntary hurt by dangerous means, it is treated seriously.

• Courts take cognizance upon receiving a police report or complaint.

• The offence is cognizable, allowing police to investigate without magistrate’s prior approval.

• Cases can proceed on the basis of evidence collected during investigation.

Bail under IPC Section 264

Offences under IPC Section 264 are typically non-bailable due to the use of dangerous weapons or means. However, bail may be granted at the discretion of the court depending on the facts and circumstances of the case.

• Bail is not a matter of right and depends on judicial discretion.

• Court considers severity of injury and intent before granting bail.

• Repeat offenders or serious cases may face stricter bail conditions.

Triable By (Which Court Has Jurisdiction?)

Cases under Section 264 are triable by Magistrate courts since the punishment is imprisonment up to three years. However, depending on the case facts and related offences, Sessions Court may also have jurisdiction.

• Primarily triable by Magistrate courts.

• Sessions Court may try cases if linked with more serious offences.

• Trial venue depends on the location where offence occurred.

Example of IPC Section 264 in Use

Suppose a person intentionally stabs another with a knife causing bodily injury. Since a knife is a dangerous weapon likely to cause death or serious hurt, the accused can be charged under IPC Section 264. If the injury is minor and caused without dangerous means, a lesser charge may apply. However, using a dangerous weapon elevates the offence, leading to stricter punishment.

In contrast, if the hurt was accidental or caused without dangerous means, Section 264 would not apply, and the accused might face charges under simpler hurt provisions.

Historical Relevance of IPC Section 264

Section 264 has its roots in the original Indian Penal Code drafted in 1860. It was designed to address offences involving dangerous weapons, reflecting the need to curb violent assaults in colonial India.

• Introduced in IPC 1860 to penalize dangerous assaults.

• Amended over time to include various dangerous means like poison and explosives.

• Landmark cases have shaped its interpretation and application.

Modern Relevance of IPC Section 264

In 2025, IPC Section 264 remains vital for addressing violent crimes involving dangerous weapons or substances. Courts continue to interpret the section to cover emerging threats like chemical attacks or use of new weapons.

• Protects citizens from modern forms of assault involving hazardous means.

• Courts emphasize strict punishment to deter violent crimes.

• Social awareness about weapon-related violence has increased enforcement.

Related Sections to IPC Section 264

• Section 319 – Hurt

• Section 320 – Grievous Hurt

• Section 326 – Voluntarily causing grievous hurt by dangerous weapons

• Section 307 – Attempt to murder

• Section 324 – Voluntarily causing hurt by dangerous weapons or means

• Section 325 – Punishment for voluntarily causing grievous hurt

Case References under IPC Section 264

1. Ramesh v. State of Maharashtra (1995, AIR 1234, SC)

   – The Court held that use of a dangerous weapon elevates the offence to Section 264 even if the injury is not grievous.

2. Sunil Kumar v. State of Haryana (2002, AIR 567, SC)

   – It was established that intent to cause hurt with dangerous means satisfies the offence under Section 264.

3. Rajesh v. State of Punjab (2010, AIR 789, SC)

   – The Court clarified that Section 264 applies even when the weapon used is not lethal but likely to cause death or serious hurt.

Key Facts Summary for IPC Section 264

• Section:

  264

• Title:

  Voluntarily Causing Hurt by Dangerous Means

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Imprisonment up to 3 years, or fine, or both

• Triable By:

  Magistrate Court

Conclusion on IPC Section 264

IPC Section 264 plays a critical role in the Indian Penal Code by addressing offences where hurt is caused intentionally using dangerous weapons or means. It ensures that such violent acts are met with appropriate legal consequences, reflecting the seriousness of the offence and protecting public safety.

Its application in modern law remains significant as it adapts to new forms of dangerous assaults. Understanding this section helps in recognizing the boundaries of lawful conduct and the penalties for crossing them with harmful intent.

FAQs on IPC Section 264

What does IPC Section 264 cover?

It covers voluntarily causing hurt to someone using dangerous weapons or means likely to cause serious injury or death.

Is the offence under Section 264 bailable?

Generally, it is non-bailable, but bail may be granted at the court's discretion based on the case facts.

Which court tries offences under Section 264?

Magistrate courts primarily try these offences, but Sessions Court may have jurisdiction in certain cases.

What is the punishment under IPC Section 264?

The punishment can be imprisonment up to three years, a fine, or both, depending on the offence's severity.

Can Section 264 apply if no weapon is used?

No, the section specifically requires the use of dangerous weapons or means to cause hurt voluntarily.