MAQBOOL versus THE STATE OF UTTAR PRADESH AND ANOTHER

Citation: [2018] 12 S.C.R. 885 · Decided: 07-09-2018 · Supreme Court of India · Bench: KURIAN JOSEPH · Disposal: Leave Granted & Dismissed

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Judgment (excerpt)

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MAQBOOL
v.
THE STATE OF UTTAR PRADESH AND ANOTHER
(Criminal Appeal  No. 1143 of 2018)
SEPTEMBER 07, 2018
[KURIAN JOSEPH AND SANJAY KISHAN KAUL, JJ.]
Penal Code, 1860 – ss.326A and 326B – Offence under,
whether attracted, if the injury in an acid attack is simple – Plea of
appellant for discharge u/s.326A on the ground that the injury
caused was simple as per the medical report hence, he cannot be
charged u/s.326A, rejected – Propriety of – Held: 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 eight types
u/s.326A on account of use of acid, the offence u/s.326A is
attracted – Merely because the title to s.326A speaks about
grievous hurt by use of acid, it is not a requirement under the
Section that the injuries caused should be invariably grievous –
s.326B would be attracted in case the requirements specified are
met on an attempted acid attack – Appeal dismissed – The Criminal
Law (Amendment) Act, 2013.
Penal Code, 1860 – ss.326A and 326B – Difference between
– Discussed.
Interpretation of Statutes – Title of the provision and its
contents – Conflict between – Held: Title to the provision need not
invariably indicate the contents of the provision – In the event of a
conflict between the plain expressions in the provision and the
indicated title, the title cannot control the contents of the provision
– Title is only a broad and general indication of the nature of the
subject dealt under the provision.
Dismissing the appeal, the Court
HELD:  1.1  Section 326A, IPC carries title of “voluntarily
causing grievous hurt by use of acid” whereas Section 326B, IPC
does not carry any such indication in the title regarding the
nature of injury as grievous. But, both the Sections provide for
 [2018] 12 S.C.R. 885
885
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SUPREME COURT REPORTS
[2018] 12 S.C.R.
eight types of injuries -  (i) permanent damage, (ii) partial
damage, 
(iii) 
deformity, 
(iv) 
burns, 
(v) 
maiming,
(vi) disfigurement, (vii) disability or (viii) grievous hurt. The first
seven of the injuries referred to in the Sections are classified
based on the normal aftereffect of acid attack whereas the eighth
one is on the gravity of the effect. Under Sections 326A and 326B,
grievous hurt is only one among the eight injuries. In view of the
explanation under Section 326B, the resultant damage or
deformity under 326A or 326B is not required to be irreversible.
The other seven injuries may be either simple or grievous. The
nature of injury being simple or grievous, is irrelevant for
distinguishing between Section 323, Section 326 and Section 326A
of IPC or between Section 326A and Section 326B of IPC. If the
injury referred to under Section 326A or 326B is one among the
specified eight injuries, whether the seven of them be simple or
grievous, the special provisions are attracted. [Paras 6, 7]
[890-E-H; 891-A]
1.2  The basic difference between Sections 326A and 326B
of IPC is the presence of actual injury under Section 326A. The
resultant injury has made the offence more serious with a
mandatory minimum punishment of ten years which may extend
to imprisonment for life and, in either case, with a fine. The fine
is mandatory and the quantum should be just and reasonable in
the sense that it should be, in any case, sufficient to meet the
medical expenses for the treatment of the victim. Therefore, the
second proviso under Section 326A requires that the fine
imposed should be paid to the litigant. Under Section 326B, the
mere act of throwing or attempt to throw or attempt to
administer or attempt to use any other means with the intention
of causing any of the injuries referred to in the Section, is to be
visited with a mandatory minimum imprisonment of five years,
which may extend to seven years and fine.  Thus, merely
because the title to Section 326A 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 326A, and under Section 326B
the mere act of throwing or attempt, as indicated in the Section,
would attract the offence. [Paras 8, 9] [891-B-D]
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1.3  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
contrary, if the contents of the provision are otherwise

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