Authored By: Saurabh Pandey
Amity University Lucknow
Background
In the early hours of January 16, an unauthorized individual entered the residence of actor Saif Ali Khan and succeeded in accessing the room of the actor’s youngest son while brandishing a knife and a wooden object. It was the nurse who identified the intruder and alerted others, prompting Saif Ali Khan to hastily enter the room accompanied by his wife, Kareena. He confronted the assailant and sustained serious injuries during the altercation.
Who is the attacker?
The personnel characterized the unauthorized individual as a male of darker complexion, slender physique, approximately 35 to 40 years of age, standing at 5 feet 5 inches, and attired in dark trousers and a shirt with a cap, as reported by India Today. Police stated that the individual suspected of wrongdoing was last observed fleeing on the sixth floor of the building. He was not recorded on the lobby’s CCTV cameras either entering or exiting the premises. Following his presence on the sixth floor, his location remains unidentified, and he was not seen departing through the main entrance. According to the Authorities they have apprehended a suspect, recognized as Mohammad Shariful Islam Shehzad, who is alleged that he has been illegally entered India From Bangladesh and alias Himself as Vijay Das In India.
Latest update regarding Saif Ali Khan’s Health
Saif Ali Khan was urgently admitted to Lilavati Hospital in Mumbai after sustaining stab wounds inflicted by an intruder. A group of medical professionals conducted surgery due to a severe injury to his thoracic spinal cord, resulting from the knife.
According to the physicians, the surgical procedure included the removal of a 2. 5-inch knife fragment and the repair of his leaking spinal fluid. While the medical team confirmed that Saif is “out of danger,” he continues to be closely monitored. Following the surgery, he was transferred to the ICU for his recovery.
“There were two additional deep lacerations on his left hand and the right side of his neck, which were addressed by the plastic surgery team,” remarked Dr. Nitin Dange, a neurosurgeon who oversaw the operation.
Case Registered
A case has been filed under provisions Pertaining to Robbery, Trespassing, and “Grievous Hurt inflicted during the commission of Lurking House-Trespass. ” Twenty police units have been established to apprehend the perpetrators.
Related Section And Punishment
Under The Bhartiya Nyaya Sanhita, Section 311 If, at the moment of engaging in robbery or dacoity, the perpetrator employs any lethal weapon, or inflicts severe injury upon any individual, or endeavors to inflict death or severe injury upon any individual, the term of imprisonment to which such perpetrator shall be subjected shall not be fewer than seven years.
If harm or serious harm is inflicted by the appropriation of property or by participating in unlawful actions that result in injury or serious injury, the penalty is Ten years for injury and Life Imprisonment for serious injury. This is addressed in Section 120 of BNS.
Under The Section 331 (4), (6), (7) Of BNS Lurking House Trespass
(4) Whoever engages in lurking house-trespass or house-breaking during the hours after sunset and before sunrise, with the intent to commit any offense that is punishable by imprisonment, shall be subject to imprisonment of either kind for a duration that may extend to five years, and shall also be liable to a fine; and, in the event that the intended offense is theft, the duration of the imprisonment may be extended to fourteen years.
(6) Whoever engages in lurking house-trespass or house-breaking after sunset and prior to sunrise, having made arrangements to inflict harm upon any individual or to assault any individual, or to unlawfully restrain any individual, or to instill fear of harm, or of assault, or of unlawful restraint in any individual, shall be subjected to penal consequences of imprisonment of either type for a duration that may extend up to fourteen years, and shall also face the possibility of a monetary fine.
(7) Whoever, while engaging in lurking house-trespass or house-breaking, inflicts grievous hurt upon any individual or endeavors to cause death or grievous hurt to any individual, shall be subjected to punishment by imprisonment for life, or imprisonment of either description for a duration that may extend to ten years, and shall also be subject to a fine.
Missing Sections….?
- Section 109
Attempt to Murder A Senior Advocate Named Satish Maneshinde Said that Police should also Invoke the Attempt To Murder Because the Accused have knowledge Of What He Was Doing Because The Accused Stab 6-7 Times To Saif Ali Khan That Clearly Stated The Mensrea And Actus Reus (Intention And Knowledge).
- Section 110
Section 110 of the Bharatiya Nyaya Sanhita (BNS) renders attempts to commit culpable homicide a criminal offense, even in instances where the act does not culminate in death. This section acknowledges the perilous character of actions that do not qualify as murder, yet still encompass the intent or awareness that the actions of the perpetrator could result in death.
Conclusion
The attack on Saif Ali Khan underscores a critical lapse in security and prompts reflection on the enforcement of laws designed to protect individuals from severe harm. The quick actions of the nurse and family members likely prevented a more dire situation. Though the attacker managed to escape initially, law enforcement has ramped up efforts to capture the culprit, with a suspect now in custody.
The legal ramifications are considerable. Several sections of the Bhartiya Nyaya Sanhita (BNS) are relevant here:
- Section 311: Using a lethal weapon during a robbery or dacoity mandates at least seven years of imprisonment. The serious injuries sustained by Saif Ali Khan could lead to more severe penalties.
- Sections 331(4), (6), (7): The perpetrator’s nighttime actions, intent to cause harm, and the resulting serious injuries intensify the penalties, potentially leading to life imprisonment.
- Section 120: Addresses life imprisonment for causing grievous harm during unlawful acts.
- Sections 109 and 110: Legal experts suggest applying these sections for Attempt to Murder and Attempt to Commit Culpable Homicide, respectively. Stabbing Saif Ali Khan multiple times indicates clear intent and awareness of the consequences (mensrea), strengthening the case.
From a medical standpoint, Saif Ali Khan’s condition has stabilized post-surgery. Nonetheless, the incident’s trauma and potential long-term impacts highlight the need for stricter security measures for public figures and greater vigilance against unauthorized intrusions.
This case starkly reminds us of the vulnerabilities even in seemingly secure environments. The legal system must impose stringent penalties to deter such crimes and address the current gaps in law enforcement
References
Post, F. (2025, January 17). Intruder near Jeh’s room, Rs 1 crore demand: What happened at Saif Ali Khan’s house before he was stabbed?
Shankaranarayan., D. K. (2024). Section sections 311 (robbery, or dacoity, with an attempt to cause death or grievous hurt), 312 (attempt to commit robbery or dacoity when armed with a deadly weapon), and 331 (4) (6) (7) (house-trespass). In Bhartiya Nyaya Sanhita .
Times, H. (2025, January 16). Saif Ali Khan stabbed: 5 things to know about intruder who attacked actor.
Today, I. (2025, January 21). Saif Ali khan Why Wasn’t Attempt To Murder Invoked.
