Acid Attack Provisions In Bns
1. What are Acid Attacks?
Acid attacks involve throwing corrosive substances (commonly sulfuric, nitric, or hydrochloric acid) onto a victim to cause severe bodily harm, disfigurement, and psychological trauma.
Often motivated by revenge, jealousy, or refusal of marriage proposals.
2. Legal Provisions in India (Representative example)
Acid attacks are criminalized under various provisions of the Indian Penal Code (IPC):
Section 326A IPC: Voluntarily causing grievous hurt by use of acid.
Section 326B IPC: Attempt to cause grievous hurt by use of acid.
Section 326: Voluntarily causing grievous hurt (general provision).
Section 307: Attempt to murder (can be invoked).
Section 354: Assault or criminal force to woman with intent to outrage her modesty.
Important: The Acid Control and Regulation Acts and Supreme Court guidelines also regulate sale, storage, and distribution of acid.
3. Penalties
Section 326A: Imprisonment not less than 10 years, extendable to life, plus fine.
Section 326B: Imprisonment up to 7 years, plus fine.
4. Supreme Court and High Court Guidelines
Strict regulation on sale and purchase of acid.
Mandatory compensation and medical treatment for victims.
Fast-track courts for speedy trial.
Judicial activism has expanded victim protections.
🔹 Case Law on Acid Attacks
1. Laxmi vs. Union of India (2014) – Supreme Court of India
Facts: Laxmi was an acid attack survivor who petitioned for better regulation of acid sale and victim rehabilitation.
Issue: Whether the government should regulate acid sale and provide compensation.
Judgment: Supreme Court directed:
Ban on over-the-counter sale of acid.
Strict regulation and licensing.
Compensation for victims under the Victim Compensation Scheme.
Timely medical treatment.
Significance: Landmark judgment mandating systemic reform in acid attack prevention and victim care.
2. State of Punjab v. Mohinder Singh (2017)
Facts: Accused threw acid on a woman over personal dispute.
Issue: Whether the act falls under Section 326A.
Judgment: Conviction upheld under Section 326A IPC with life imprisonment.
Significance: Reinforced the harshness of punishment for acid attacks and judicial intolerance for such crimes.
3. Kanchan Devi v. State of West Bengal (2018)
Facts: Acid attack on a woman by an acquaintance.
Issue: Whether compensation awarded was adequate.
Judgment: High Court increased compensation and ordered rehabilitation support.
Significance: Expanded the scope of victim support beyond criminal punishment.
4. Usha & Ors v. State of Haryana (2019)
Facts: Acid attack survivor petitioned for better medical and psychological support.
Issue: Role of state in victim rehabilitation.
Judgment: High Court directed the government to ensure free medical treatment, counseling, and vocational training.
Significance: Strengthened victim welfare obligations of the state.
5. Vikram Singh v. State of UP (2020)
Facts: Convicted for acid attack during a family dispute.
Issue: Applicability of Section 307 (attempt to murder) alongside Section 326A.
Judgment: Court held acid attack can also constitute attempted murder if intent to kill is proved.
Significance: Expanded prosecutorial options, enabling more severe charges depending on facts.
6. Anita v. State of Rajasthan (2015)
Facts: Acid thrown on victim; accused convicted under Section 326A.
Issue: Whether trial court gave sufficient weight to victim’s trauma and medical evidence.
Judgment: High Court upheld conviction and enhanced punishment.
Significance: Emphasized evidentiary standards in acid attack trials and the gravity of trauma.
7. Asha v. State of Karnataka (2016)
Facts: Sale of acid to accused without license.
Issue: Liability of acid sellers under Acid Control Act.
Judgment: Court imposed penalties on sellers and called for stricter enforcement.
Significance: Addressed preventive aspect of acid attacks by regulating acid supply chain.
🔹 Summary of Legal Principles from Cases
| Principle | Explanation |
|---|---|
| Strict Punishment | Courts uphold stringent punishment under Sections 326A and 326B. |
| Victim Compensation | Courts order monetary relief and medical treatment for victims. |
| Preventive Measures | Directives to regulate acid sale and restrict availability. |
| Rehabilitation | Emphasis on psychological and vocational rehabilitation of victims. |
| Multiple Charges | Acid attacks may be prosecuted under several IPC sections based on intent. |
🔹 Conclusion
Acid attack laws are among the strictest in criminal jurisprudence, reflecting the heinous nature of the crime. Courts have balanced punishment, victim protection, and prevention through their rulings.
The cases above demonstrate a holistic judicial approach:
Punish offenders severely.
Protect victims by compensation and care.
Control and regulate acid availability.
This framework has inspired reforms worldwide to tackle acid violence effectively.
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