Cutting Someone's Nose Causes Permanent Disfigurement, Affects Self Esteem And Brings Social Stigma: Rajasthan High Court Refuses Bail

Rajasthan High Court observed that the act of cutting someone's nose is a serious crime due to its physical, emotional and social implications. It held that nose is a crucial part of human body having both functional and cultural significance because in Indian culture, cutting off a person's nose was a form a punishment or revenge.

The bench of Justice Rajendra Prakash Soni was hearing a bail application filed by the accused who was charged with the offence of causing grievous hurt and attempt to murder.

The facts of the case were that the accused and the complainant were brothers-in-laws since they were married to each other's sisters. However, due to certain matrimonial issues, both were living separately from their wives. The complainant had fixed his marriage to some other woman without divorcing the accused's sister.

Due to such tension between the two families, one day when the complainant was on his way, he was grabbed by some acquaintances and family members of the accused who also held his nose, and the accused cut the nose using a sharp weapon.

It was the case of the accused that the complainant had sustained only one injury which was neither a fracture nor supported by any expert opinion to be of life-threatening nature. Hence, it was argued that the accused should be released on bail.

Opining the argument of the applicant as “ridiculous”, the Court observed that cutting of nose had permanent consequences like disfigurement especially when nose being a prominent feature of face contributed to identity, appearance and self-esteem. The Court also held that in light of the culture and symbolic significance that such disfigurement of nose holds in Indian culture, it could lead to emotional distress and social stigma.

“In view of this Court, nose is a crucial part of the human body with both functional and symbolic importance. It also holds social and cultural significance, being a prominent feature of the face that contributes to identity, appearance and self-esteem. Cutting of nose would have permanent consequences such as disfigurement. The disfigurement caused by removing someone's nose can lead to significant emotional distress and social stigma.”

Finally the Court held that the manner of committing the crime crossed all limits of cruelty and thus looking at its gravity coupled with the antecedents of the applicant, the bail was rejected.

Title: Hafeez & Ors. v State of Rajasthan

Citation: 2024 LiveLaw (Raj) 285

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