From defence to attacking tool? Karnataka HC labels pepper spray as a 'dangerous weapon' in recent ruling

The Karnataka High Court recently cited a US court ruling, emphasising that pepper spray is indeed a dangerous weapon. Consequently, the court declined to quash investigations into a criminal case involving C Ganesh Narayan, a director of jewellery brand C Krishnaiah Chetty & Sons (CKC & Sons), and his wife Vidya Nataraj. The case stemmed from allegations of attacking Randeep Das, a security guard at CKC & Sons' showroom in Bengaluru, along with some labourers working on their compound wall, on April 29, 2023.

Verbal and Physical Altercation

During the altercation, which involved verbal and physical exchanges, Vidya allegedly used pepper spray. Subsequently, Das filed a complaint, leading to a case being registered against the petitioners. In their defence, the petitioners argued that they resorted to using pepper spray in self-defense, invoking protection under IPC Section 100 (right to self-defense). They contended that Das and others had attempted to interfere with their property, resulting in injuries to Vidya.

Legal Ruling and Justification

Upon reviewing the evidence, Justice M Nagaprasanna observed that both parties had filed identical complaints against each other. He referred to Section 324 of IPC, which classifies causing hurt using any instrument for shooting, stabbing, or any potentially lethal weapon as an offence. The judge noted that pepper spray qualifies as a dangerous weapon, citing a US court's ruling in People vs Sandez (2018) that categorised noxious chemical sprays like pepper spray as dangerous.

Rejecting the Claim of Self-Defence

Justice Nagaprasanna dismissed the petitioners' claim of self-defense, citing a Supreme Court ruling. He argued that Vidya could not have legitimately used pepper spray because there was no imminent threat or danger to her life. The court stressed that the case warranted further investigation, adhering to the Supreme Court's guidance against prematurely delving into the merits of such allegations at this stage of proceedings.