BENGALURU: Noting that pepper spray is undoubtedly a dangerous weapon, the Karnataka High Court said that there is no determination by any law in India, with regard to pepper spray being used as a dangerous weapon. However, a court in the USA has held that noxious chemical sprays like pepper sprays are dangerous weapons, the court added.
Justice M Nagaprasanna made this observation while refusing to quash the criminal proceedings initiated against C Ganesh Narayan and his wife Vidya Nataraj, (associated with a private company), for a crime that is still being processed. The proceedings were initiated against them based on the complaint filed by an employee of the same company, Rajdeep Das, for allegedly attacking him with pepper spray, over a property dispute. The complaint was registered with the Commercial Street police on April 30, 2023.
Questioning the legality of the case, the petitioners’ counsel argued that the petitioners were forced to use pepper spray in their defence and that is protected under Section 100 of the IPC. They had to do so, as Das and a security personnel attempted to interfere with the petitioners’ property. Therefore, a complaint has been registered against them, he argued.
The counsel on behalf of Das argued that the right to private defence has been misused, and there was no threat or danger to the petitioners’ life. And yet, Das and others were attacked under Section 324 of the IPC, using the pepper spray which is dangerous, he argued. The court noted that Section 324 of the IPC directs that whoever voluntarily causes hurt by means of any instrument for shooting, stabbing or any instrument of weapon which is likely to cause death would be committing an offence.