States High court

Karnataka HC: Pepper Spray a Dangerous Weapon

While adjudicating over a matter, the Karnataka High Court has held that “pepper spray’ is a dangerous weapon and shouldn’t be used when there isn’t an imminent danger to life.

The Facts of the Case

In the case titled C Ganesh Narayan & ANR AND State of Karnataka & ANR, the petitioners were charged with the accusations of attacking Randeep Das, a security guard who is employed by CKC & Sons showroom, as well as some laborers who were working at their compound wall on April 29, 2023.
Both parties engaged in verbal abuse and physical violence, culminating in Vidya, the accused, resorting to the use of her pepper spray.

Then later, Randeep Das filed a complaint against the petitioners, and hence a case was registered against them. To which the petitioners contended that they were forced to use the pepper spray as it was done as an act of self-defense and that their right to practice self-defense was protected by law, specifically in Section 100 of the Indian Penal Code. Section 100 of the Indian Penal Code gives the right to exercise self-defense, given that the circumstances demand so.

After observing the material facts presented before the court, the court was of the opinion that both parties had filed identical complaints against one another.

The Court’s Verdict

Rejecting the petitioners’ right to private defense, Justice Nagaprasanna, citing a Supreme Court precedent, ruled Vidya could not have used pepper spray because, “as prima facie, there was no imminent threat or danger to her life.

The court, in its ruling the court relied upon Section 324 of the Indian Penal Code, which says that causing harm through various means—such as shooting, stabbing, or employing any weapon—with the potential to result in death constitutes an offense. Consequently, pepper spray falls within this purview as a dangerous weapon.

While there hasn’t been a specific legal determination regarding the classification of pepper spray as a dangerous weapon in India, a notable precedent can be found in a U.S. court case, People v. Sandez (2018). In this case, the judge definitively declared that noxious chemical sprays, including pepper spray, are indeed dangerous weapons.

Read More: Supreme Court, Delhi High Court, States High Court, Other Courts, International
Hemansh Tandon

Recent Posts

Ex-Sarpanch Murder Case: SC Cancels Bail Of 3 Accused

The Supreme Court on Wednesday overturned the Rajasthan High Court's decision to grant bail to…

5 hours ago

“Complete Elevated Corridor At Kaziranga National Park At The Earliest”: SC

The Supreme Court on Wednesday emphasized the urgent need to complete the proposed 34-kilometer elevated…

5 hours ago

Death Row Convict Balwant Singh Rajoana Granted 3-Hour Parole For Brother’s Bhog Ceremony

Balwant Singh Rajoana, a death row convict in the assassination of former Punjab Chief Minister…

6 hours ago

Money Laundering Case: Delhi HC Grants Bail To Lava MD Hari Om Rai

The Delhi High Court on Wednesday granted bail to Hari Om Rai, the Managing Director…

7 hours ago

Excise Policy Case: Kejriwal Challenges Trial Court’s Cognizance In ED

Former Delhi Chief Minister Arvind Kejriwal has approached the Delhi High Court, challenging a trial…

7 hours ago

Himachal HC Orders Closure Of 18 Loss-Making Tourism Corporation Hotels

In a significant ruling, the Himachal Pradesh High Court on Wednesday ordered closure of 18…

8 hours ago