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5T ‘Grievously Hurt’ By High-Profile Violent Crimes In Odisha

Branding of Odisha Police stood 'Grievously hurt' when a Sikh businessman openly expressed his no confidence on police action

Bhubaneswar: Chief Minister Naveen Patnaik has very assiduously introduced 5T and Mo Sarkar in police recently with an objective to build the bridge of trust deficit existing between police and common men on streets.

Moreover, to achieve the objective, Patnaik himself has dialled to citizen complainants to ascertain the satisfaction level in citizens.

But all such cultivated branding of Odisha Police stood ‘grievously hurt’, when a Sikh businessman in Capital city, who was assaulted black & blue by assailants having some connection with the ruling party, has very openly expressed his no confidence on police action.

The victim, Parvinder Pal Singh, has first questioned police inaction during the hours of assault. And secondly, he raised questions over slapping of IPC sections on assaulters, who immediately gets bail.

As per the victim, police should have slapped sections of IPC like attempt to murder. Is his demand right?

Consider, what the IPC says. As per IPC such violent crimes need to be registered under two heads: Attempt to murder or Grievously hurt. 

First, Section 307 IPC, Attempt to Murder: Police often slap this section when accused having full knowledge act in such a way that may lead to death or murder or in the process inflict severe injuries on victim.

The essentials required for this section to be slapped are: Use of dangerous weapons, manner of its use, severity of blows on vital body parts of victim.

Second, Sections 325 or 326 of IPC, Voluntarily causing Grievously Hurt or Voluntarily causing Grievous Hurt with dangerous weapons.

It needs to be mentioned that while offence under sections 307 and 326 are non-bailable, it’s bailable under Section 325.Since the assault on the Sikh businessman hasn’t been done by sharp weapons, Police may not invoke section 307. Because, the main essential of Section 307 is weapons, not nature of injury.

However, as a grab of the viral video shows an assaulter attacking Singh with a brick, IPC says police may invoke Section 326 of IPC, which is Voluntarily causing Grievous hurt by use of weapons of offence (brick) that inflicted severe pain on the victim. And the offence is non-bailable.

Reports suggest police had registered the case under bailable sections like Section 325, which resulted in assailants getting immediate bail that made tongues wagging, and has also given an opportunity to the opposition to take a jibe at the State Government.

As per NCRB report 2018, the State police had registered a mere 66 cases under Grievous hurt non-bailable in proportion to a massive 440 cases of Grievous hurt bailable in the year 2018.

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