Acid Attack

Section 326A. Voluntarily causing grievous hurt by use of acid, etc.—

Whoever causes permanent or partial damage or deformity to, or burns or maims or

disfigures or disables, any part or parts of the body of a person or causes grievous hurt by
throwing acid on or by administering acid to that person, or by using any other means with
the intention of causing or with the knowledge that he is likely to cause such injury or hurt,
shall be punished with imprisonment of either description for a term which shall not be less
than ten years but which may extend to imprisonment for life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses of the
treatment of the victim:
Provided further that any fine imposed under this section shall be paid to the victim.
Section 326B. Voluntarily throwing or attempting to throw acid.—

Whoever throws or attempts to throw acid on any person or attempts to administer acid to any
person, or attempts to use any other means, with the intention of causing permanent or partial
damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to
that person, shall be punished with imprisonment of either description for a term which shall
not be less than five years but which may extend to seven years, and shall also be liable to
fine.
Explanation 1.—For the purposes of section 326A and this section, "acid" includes any
substance which has acidic or corrosive character or burning nature, that is capable of causing
bodily injury leading to scars or disfigurement or temporary or permanent disability.
Explanation 2.—For the purposes of section 326A and this section, permanent or partial
damage or deformity shall not be required to be irreversible.]
Private Defence

Section 96 provides that Nothing is an offence which is done in the exercise of the right of
private defence.
Section 99 provides that The right of private defence in no case extends to the inflicting of
more harm than it is necessary to inflict for the purpose of defence.
Section 100 - The right of private defence of the body extends, under the restrictions
mentioned in the last preceding section, to the voluntary causing of death or of any other
harm to the assailant, if the offence which occasions the exercise of the right be of any of the
descriptions which includes An act of throwing or administering acid or an attempt to throw
or administer acid which may reasonably cause the apprehension that grievous hurt will
otherwise be the consequence of such act.
Section 166B of IPC . Punishment for non-treatment of victim.—

Whoever, being in charge of a hospital, public or private, whether run by the Central
Government, the State Government, local bodies or any other person, contravenes the
provisions of section 357C1 of the Code of Criminal Procedure, 1973 (2 of 1974), shall be
punished with imprisonment for a term which may extend to one year or with fine or with
both.]

Section 357-B CrPC reads:

"The compensation payable by the State Government under section 357A shall be in addition
to the payment of fine to the victim under section 326A or section 376D of the Indian Penal
Code."
Section 357-C CrPC reads:

"All hospitals, public or private, whether run by the Central Government, the State
Government, local bodies or any other person, shall immediately, provide the first-aid or
medical treatment, free of cost, to the victims of any offence covered under section 326A,
376, 376A, 376B, 376C, 376D or section 376E of the Indian Penal Code and shall
immediately inform the police of such incident."
Ravi @ Golu vs State (NCT of Delhi)

The case involved the appellant, Ravi (also known as Golu), who was accused of pouring
petrol on the victim and setting her on fire. The incident took place near Deepali Chowk,
Pitam Pura, Delhi. The victim suffered severe burns and was hospitalized as a result of the
attack.
The Delhi High Court, in its judgment, held that pouring petrol on someone and setting them
on fire constitutes an act involving a corrosive substance. The court reasoned that petrol, due
to its highly flammable and destructive nature, can cause severe burns and damage upon
contact with the skin, thus qualifying as a corrosive substance under the relevant legal
provisions.
Maqbool vs The State Of Uttar Pradesh

Under Sections 326A and 326B, grievous hurt is only one among the eight injuries. In view
of the explanation under Section 326B, the resultant damage or deformity under 326A or
326B is not required to be irreversible. The other seven injuries may be either simple or
grievous. The nature of injury being simple or grievous, is irrelevant for distinguishing
between Section 323 and Section 326A of IPC or between Section 326A and Section 326B of

1
All hospitals, public or private, whether run by the Central Government, the State Government, local bodies or
any other person, shall immediately, provide the first-aid or medical treatment, free of cost, to the victims of any
offence covered under section 326A, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or section 376E of
the Indian Penal Code, and shall immediately inform the police of such incident
Read more at: https://devgan.in/crpc/section/357C/
IPC. If the injury referred to under Section 326A or 326B is one among the specified eight
injuries, whether the seven of them be simple or grievous, the special provisions are attracted.
The basic difference between Sections 326A and 326B of IPC is the presence of actual injury
under Section 326A. The resultant injury has made the offence more serious with a
mandatory minimum punishment of ten years which may extend to imprisonment for life and,
in either case, with a fine. The fine is mandatory and the quantum should be just and
reasonable in the sense that it should be, in any case, sufficient to meet the medical expenses
for the treatment of the victim. Therefore, the second proviso under Section 326A requires
that the fine imposed should be paid to the litigant. Under Section 326B, the mere act of
throwing or attempt to throw or attempt to administer or attempt to use any other means with
the intention of causing any of the injuries referred to in the Section, is to be visited with a
mandatory minimum imprisonment of five years, which may extend to seven years and fine.
Thus, merely because the title to Section 326A of IPC speaks about grievous hurt by use of
acid, it is not a requirement under the Section that the injuries caused should be invariably
grievous. Even if the seven injuries are simple, Section 326A, and under Section 326B the
mere act of throwing or attempt, as indicated in the Section, would attract the offence.
Laxmi v Union of India

Acid attack case in India is that of Laxmi Agarwal, who was attacked in 2005 at the age of 15
by a man whose romantic advances she had rejected. The attacker threw acid on her face,
causing severe burns and permanent disfigurement.
Issuing a direction for framing guidelines for the prosecution of acid throwers and adequate
rehabilitation of the victims of the acid attacks including proper treatment and aftercare.
Proper treatment of the victims:
 Private hospitals must also be directed to provide free treatment to the victims. In the case
where they refuse to provide free service, the State Government must intervene and make
relevant provisions.
 No hospital can refuse treatment citing the reason of lack of specialised facilities.
 First-aid service must be administered to the victim, and after stabilization, they should be
moved to a special faculty for further treatment.
 Refusal of treatment can be a ground for taking action against the hospital under section
357C of the CrPC.
Banning the sale of Acid across the country:
 This step has to be implemented at the state level by each state government/union
territories.
Prevention and Rehabilitation of the Victims in case of Acid attacks Bill, 2017

This bill enacts and provides the guidelines for prevention and regulation of sale of acid after
stating the proper reasons. The bill provides that the

 High concentration of acid must not be sold for day-day purposes.

 Acid shall be sold after proper verification and check of id proof provided by the
buyer.
 Acid dealers shall maintain proper records of the stock of acid stored.
 Unregulated sale shall not be made and if made, shall be punishable with
imprisonment.
 Acid victims shall be eligible for government jobs and employment under the
category of disabilities.
 Minimum compensation shall be fixed at ten lakh in case of utmost injury and
three lakh in other cases.
 Allowances shall be provided to the victims
 Surgeries either cosmetic or surgical shall be provided in the form of medical
treatment to the victims.
Acid Victim's free Treatment and Criminal Injuries Compensation Scheme

a comprehensive Acid Victim's free Treatment and Criminal Injuries Compensation Scheme
has been introduced by the Central Government. As provided under Section 326-A, free
treatment be made available by all Government and private hospitals of the State and Union
territories. The private hospitals cannot refuse free treatment to the acid-attack victims, which
includes availability of medicines, bed and food in the concerned hospital. The hospital shall
issue a certificate that the person is an acid attack victim, which he/she can use for treatment
and re-constructive surgeries or other government schemes for which he may be entitled.
The scheme also provides a minimum compensation of rupees three lakhs to be made
available to each acid-attack victim. As a consequential change, a new Section 357-A has
been inserted in the Code of Criminal Procedure, 1973, which provides that the District Legal
Services Authority shall function as Criminal Injuries Compensation Board which would
decide the claims of acid-attack victims. The Board shall consist of District Judge, District
Magistrate, Superintendent of Police and Civil Surgeon or Chief Medical Officer of the
District.
226th Law Commission Report of On The Inclusion Of Acid Attacks As Specific Offences
In The Indian Penal Code

Some of the well known effects of acid are as under:

• Acids are corrosive substances that will cause visible necrosis (death) of human skin tissue
and will even corrode a metal in higher concentration.
• They can cause serious poisoning, burning and serious injury can result from exposure to
strong acids.
• Commonly available acids include Sulphuric acid, Hydrochloric acid Hydrofluoric acid,
Phospaic acid etc. Acids are used in laboratories and factories/industries.
• In an acid attack the skin is the main organ of contact. The effects of acid on the skin may
include redness, and burns. In severe cases, it could lead to shock and death.
Preeti Rathi vs. State of Maharashtra (2013) – Intention or knowledge irrelevant
The overt act attributed to the accused, the preparation made to commit the crime,
the manner in which acid was plunged on the face of victim, the
nature of injuries, opinion expressed by medical officers, cause of
death reflected in the medical evidence, would indicate that accused
had intention to commit murder. He plunged the acid on the face which resulted in her death
Dharampal and others Vs. State of Delhi
forcibly poured some whisky like liquid into his mouth which lasted like acid, with the result
he started having burning sensation leading to his death and that it was a case of homicidal
death and all were accordingly convicted under Section 302/34 IPC.