Pepper spray a 'dangerous weapon', says Karnataka HC

BENGALURU: Citing a US court ruling, the

Karnataka HC

observed recently that

pepper spray

was a

dangerous weapon

, and refused to quash investigations in a criminal case registered against

C Ganesh Narayan

, one of the directors of jewellery brand C Krishnaiah Chetty & Sons (CKC & Sons), and his wife Vidya Nataraj.
The petitioners were accused of attacking Randeep Das, a security guard employed by CKC & Sons showroom at Shivajinagar in Bengaluru, and some labourers working on their compound wall on April 29, 2023.

Both sides indulged in verbal and physical fights, during which Vidya allegedly used pepper spray.
On a complaint filed by Das, a case was registered against the petitioners. Challenging the complaint, the petitioners argued they were forced to use pepper spray in defence and it is protected under IPC section 100 (right to self-defence). They claimed Das and the others attempted to interfere with their property and there was injury caused to Vidya as well.
After perusing the materials on record, Justice M Nagaprasanna noted that both sides had filed identical complaints against each other.

"Section 324 of IPC directs that whoever voluntarily causes hurt by means of any instrument for shooting, stabbing or any weapon which is likely to cause death would be committing the offence. Pepper spray is undoubtedly a dangerous weapon. There is no determination by any law being laid down in this country with regard to usage of pepper spray being a dangerous weapon, but a court in USA in People vs Sandez (case) in 2018 has held that noxious chemical sprays, like pepper sprays, are dangerous weapons," the judge held.
Rejecting the right to private defence invoked by the petitioners, Justice Nagaprasanna, citing a Supreme Court ruling, said Vidya could not have used pepper spray "as prima facie, there was no imminent threat or danger to her life".
The case required "investigation in the least", the HC said, adding that any interference at this stage would run afoul of the SC judgment in the case of Kaptan Singh vs UP, wherein high courts have been advised not to go into merits of such allegations as if they are exercising appellate jurisdiction or conducting trial.