Indian Laws Relating to Acid Attacks
- Kartikey Goel
- Feb 17
- 5 min read
Updated: Feb 18
One of the most dreadful assaults is an acid attack. India has seen a startling rise in acid attacks, especially among women. One of the most horrific types of assault is an acid attack. Despite being unheard of, it happens frequently in South Asia. Bangladesh, India, and Pakistan are the countries that are most frequently the targets of acid attacks. The attack severely disfigures and damages the victim's limbs, face, and other body parts.
Since sulphuric acid has been openly available on the market for many years, the frequency of acid attacks on women has significantly grown recently. Gender-based violence has dramatically escalated during the past few years.
According to data, the number of acid attacks is significantly increasing. 174 acid attacks were reported in India in the year 2000. Human flesh is catastrophically damaged by the acids. It was time for the government to add sections 326 A and 326 B to the Indian Penal Code to stop the rise in acid assault cases. These two paragraphs discuss, respectively, the painful heart brought on by taking acid and by voluntarily hurling or attempting to throw acid.
Definition of Acid Attack in Law
Any act in which acid is thrown or used with the knowledge or intent to permanently or partially injure, deform, or disfigure any part of the victim's body is referred to as an acid attack.
Acid aggression, which is defined as the deliberate hurling of acid at another person, is an inhumane crime. It's often referred to as an act of honour crime.
"Any act of throwing acid or using acid in any form on the victim with the intention of or with knowledge that such person is likely to cause to the other person permanent or partial damage or deformity or disfiguration to any part of such person's body" is how the National Commission of India defined it.
The three most common forms of acids are sulphuric acid, nitric acid, and hydrochloric acid. Even though throwing such an acid seldom results in death, it does cause serious, long-lasting physical and psychological injury. Assailants typically target the head and face to permanently disable, disfigure, and blind a victim, forcing her into an endless life of agony and apathy. The majority of acid abuse victims are women and children.
Legislative laws for the crime of acid attack
There were no definite steps taken to punish those behind the acid assault in India. Sections 320, 322, 325, or 326 of the Indian Penal Code, which deal with crimes involving corporal punishment, were used to convict the defendants. Putting more safeguards in place for acid attack victims
The Criminal Law (Amendment) Act of 2013 added Sections 326A and 326B to the Indian Penal Code of 1860. Under the direction of Justice A.R. Lakshaman, the 18th Law Commission established Section 326A of the Indian Penal Code.
Section 326 A: GRIEVOUS HURT BY USE OF ACID
Anyone who throws acid and causes serious injury, burns or disables any part of a person's body, or injures someone partially or permanently while doing so with the knowledge or intent to inflict harm. Sentence of 10 years in jail, with the possibility of life in prison and a fine (but not less than 10 years).
Any substance that has a caustic property might be referred to as "acid." It might contain flammable material. It should have the potential to disfigure or harm a person, either temporarily or permanently.
Essentials:
· Acid administration, hurling, or attempting to administer
· provoking severe distress
· Damage that is either permanent or partial (burns, disfigurement, disfigurement, or disablement)
· This is a cognizable offence that cannot be released on bail.
Section 326 B: VOLUNTARILY THROWING OR ATTEMPTING TO THROW ACID
anybody who throws, tries to throw, or attempts to throw acid at a person. Five-year sentence (up to seven years in prison and/or a fine is possible).
Understanding the necessity of regulations in acid attacks:
As the number of cases increased, the judicial system began to operate. Special laws addressing offences like acid attacks were enacted as a result of the Justice J.S. Verma Committee's and the 226th Law Commission Report's recommendations.
Before the Criminal Law (Amendment) Act, 2013, it was released as an Ordinance by the President of India in reaction to the 2012 Delhi Gang Rape protests, which added the elements of acid attacks as additional offences. The acid attack was made a criminal under the Ordinance because it was necessary to add additional offences against women, and it was later covered by the Amendment Act.
The Amendment Act of 2013 added additional clause under Section 100, which provided an exception from criminal liability by granting a right of private defence extends to cause the death of a person who has committed an act of throwing or administering acid or an attempt to throw or administer acid. These provisions were added in addition to those under Sections 326A and 326B.
Legal Framework Regarding Acid Attacks
Laxmi Acid Attack Case: In a landmark case, Laxmi c. Union of India 2015, the lawsuit filed by Laxmi (an acid attack victim) fuels a campaign to stop attacks from happening.
Acid Attack on Ankur Panwar Case: Ankur Panwar was found guilty of throwing acid on Preeti Rathi at Bandra station in 2013 after she decided to pursue a career in nursing and rejected his marriage proposal. The case is also known as the Preeti Rathi case, and it was heard in the same special women's court that sentenced Ankur Panwar to death. Anju S. Shinde remarked The accused should be executed in light of the case's facts, mitigating and aggravating factors, and recent acid attack rulings by the Supreme Court.
Compensation awarded to victims
The victim of the crime may be awarded compensation in India for an acid assault. The Indian National Commission for Women (NCW) has also taken on the responsibility of providing rehabilitation and support to acid attack victims. In a drafted bill titled "Prevention of Offences (by Acids) Act, 2008," they propose setting up the National Acid Victim Assistance Board.
As part of the legislation it has released to combat acid assaults, the Commission has recommended that a National Council be set up by the federal government to assist victims. Medical care and other services, such as psychological counselling, are offered as support for acid attack victims. The minimum and highest amounts that victims of acid attacks can get in compensation are as follows:
· In the event that there is facial disfigurement, 7 lakhs to 8 lakhs
· 5 lakhs to 8 lakhs in circumstances where there is a more than 50% injury
· Whenever the harm is less than 50% 30,000 to 80,000
· In the event of a less than 20% injury, 3 to 4 lakhs
In conclusion
When it comes to receiving therapy and moving forward with rehabilitation, the victims are mostly supported by the public and NGOs. Even if a solid law has been written, there is still a long way to go until there is an adequate care system in place for the victims despite years of adjustment. Positively, data from the National Crime Records Bureau of the Ministry of Home Affairs shows a decline in the number of acid attack events from 2018.
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