Criminal Jurisprudence
Grant of bail—Jurisprudence surrounding the grant of bail is guided by well-established principles, including nature of injuries caused, conduct of accused, and circumstances under which life-threatening injuries are inflicted—These principles, however, do not differentiate or lay down different rules for consideration, solely based on the gender of victim or accused—Injuries caused to the body – whether of a man or a woman – cannot be categorized differently based on gender—Pain, trauma, and damage resulting from such injuries are the same, irrespective of the victim’s gender—Criminal jurisprudence in India, particularly in cases of life-threatening injuries sufficient to cause death in the ordinary course of nature, is gender-neutral, as reflected in the term “whoever does any act” under the penal law—Therefore, it would amount to perversity of justice if, in cases where a woman causes such grievous injuries to a man, she is treated with leniency solely on account of her gender, despite the seriousness of offence.
[Paras 19 & 20]
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 482—Anticipatory bail—Attempt to commit culpable homicide and criminal intimidation—FIR registered under Sections 110/351 of BNS—Case in hand, unfolded an incident of causing burn injuries by pouring boiling water mixed with chilli powder on the husband by a wife, where she now seeks a lenient view since she is a woman and therefore, prays that she be granted anticipatory bail—Husband, writhing in unbearable pain from the burn injuries, was rendered helpless and unable to seek medical assistance due to the acts of the accused—Intent to cause grievous harm or even death is apparent from the circumstances—Hallmark of fair and just justice delivery system is to remain gender-neutral while adjudicating cases of such nature—Empowerment of one gender and protection to it cannot come at the cost of fairness towards another—Just as women deserve a protection from cruelty and violence, men too are entitled to the same safeguards under the law—Courts must recognize the need for a gender-neutral approach to such cases, by ensuring that men and women are treated alike—No ground for grant of anticipatory bail is made out—Application dismissed.
[Paras 22 to 27]
Section 482—Anticipatory bail—Offence of causing burn injuries by pouring boiling water mixed with chilli powder on the husband by a wife—FIR registered under Sections 110/351 of BNS—Argument that the accused be granted bail since she has a three month old child to take care of—Unmerited—Since it is apparent from the record, from the complaint and the statement of the witnesses recorded so far, prima facie, that accused had left her three months old daughter crying besides a badly burnt husband and had locked both of them in the room before fleeing from the spot with his phone—Daughter is being taken care of by the victim/husband and his family—No ground for grant of anticipatory bail is made out—Application dismissed.
[Para 28]
Section 482—Anticipatory bail—Offence of causing burn injuries by pouring boiling water mixed with chilli powder on the husband by a wife—FIR registered under Sections 110/351 of BNS—Argument regarding there being no motive and false implication of the accused, to entitle her to anticipatory bail, is unmerited, since the record reveals that four days prior to the incident in question, the victim husband had lodged a detailed complaint with the police (running into eight pages) against her wife for cheating, extortion and forced marriage—Pertinently, in the said complaint, the victim had mentioned in detail about the conduct of accused, including her previous relationships with several men, a child born out of a previous marriage which she had not disclosed to the victim, the fact that she had filed several cases under Section 376 of IPC against different persons, etc., which were not in his knowledge—Victim had also mentioned his apprehension that his wife may kill him with the help of her mother and other family members and he had therefore sought protection from the police—No ground for grant of anticipatory bail is made out—Application dismissed.
[Para 29]
Section 482—Anticipatory bail—Offence of causing burn injuries by pouring boiling water mixed with chilli powder on the husband by a wife—FIR registered under Sections 110/351 of BNS—Intent to cause grievous harm or even death is apparent from the circumstances—Considering overall facts and circumstances of the case as well as the fact that applicant has failed to join investigation, the recovery of the phone of the victim is to be effected along-with the need to confront her with the documents mentioned in the complaint, considering also the nature of injuries and manner in which the injuries were caused, no ground for grant of anticipatory bail is made out—Application dismissed.
[Para 30]