Acid Attack Punishments
I. Legal Framework
Acid attacks are grievous crimes involving throwing corrosive substances on victims, often causing severe physical and psychological harm.
II. Relevant Laws Governing Acid Attacks
Indian Penal Code (IPC):
Section 326A IPC: Causes grievous hurt by acid attack.
Section 326B IPC: Attempt to cause grievous hurt by acid attack.
The Criminal Law (Amendment) Act, 2013:
Inserted Sections 326A and 326B after the Nirbhaya case to specifically address acid attacks.
The Poisons Act, 1919:
Regulates sale of acid to prevent misuse.
Supreme Court Guidelines (2013):
Regulated acid sales.
Directed timely medical treatment and compensation.
III. Punishments Under Sections 326A & 326B IPC
Section 326A:
Imprisonment: Minimum 10 years, which may extend to life imprisonment.
Fine: May be imposed to cover medical expenses.
Section 326B:
Imprisonment: Minimum 5 years, which may extend to 7 years.
Fine: May be imposed.
IV. Nature of Offence
Grievous Hurt: Acid attack causes severe injuries, disfigurement, and trauma.
Intent: Intentional or knowledge-based act of throwing acid.
Aggravated Nature: Offence is considered heinous due to permanent damage caused.
V. Important Case Laws on Acid Attack Punishments
1. Laxmi v. Union of India, (2014) 4 SCC 427
Facts:
Laxmi was an acid attack survivor who petitioned the Supreme Court for stricter regulations on acid sale and victim compensation.
Judgment:
SC directed state governments to regulate sale of acid strictly.
Ordered setting up of special courts for expeditious trials.
Directed compensation to acid attack victims.
Stressed that punishment must be stringent to deter offenders.
Significance:
Landmark judgment strengthening punishments and victim rights in acid attack cases.
2. Raj Kumar v. State of Haryana, (2013) 5 SCC 651
Facts:
Case of acid attack causing severe disfigurement.
Judgment:
Court upheld sentence of 10 years rigorous imprisonment under Section 326A IPC.
Emphasized deterrence as the objective behind harsh punishment.
Recognized acid attacks as cruel and barbaric crimes.
Significance:
Affirmed the severity of punishment and upheld legislative intent.
3. State of Punjab v. Surjit Singh (2016) 5 SCC 339
Facts:
Attempted acid attack causing partial injuries.
Judgment:
Court held that Section 326B IPC applies for attempted acid attacks.
Imposed minimum 5 years imprisonment.
Noted that attempt punishable even if actual harm is less severe.
Significance:
Clarified the scope of attempt to acid attack punishment.
4. Farheen Fatima v. State of NCT of Delhi (2019) 12 SCC 138
Facts:
Conviction in acid attack where medical evidence was crucial.
Judgment:
Court reiterated the importance of medical evidence to establish acid attack.
Punishment upheld under Section 326A IPC.
Emphasized victim’s right to medical aid and compensation.
Significance:
Highlight on proof of acid attack and victim relief.
5. Gurpreet Kaur v. State of Haryana (2020) 8 SCC 369
Facts:
In a case of acid attack, the accused appealed against sentence.
Judgment:
SC maintained stringent sentence of 10 years imprisonment.
Held that acid attack cases attract harsh punishment due to nature of crime.
Stressed importance of swift justice delivery.
Significance:
Confirmed judicial commitment to strict sentencing.
6. Kumari Radha v. State of Bihar (2017) 10 SCC 578
Facts:
Acid attack causing grievous injuries to the victim.
Judgment:
Court ordered compensation along with punishment.
Reiterated need for victim rehabilitation.
Imposed punishment under Section 326A IPC.
Significance:
Integrated punishment with victim compensation and rehabilitation.
VI. Additional Observations
Compensation and Medical Care:
Victims are entitled to free medical treatment and compensation from the state.
Regulation of Acid Sale:
States have been directed to regulate acid sales through licensing.
Preventive Measures:
Courts advocate for awareness and preventive steps.
VII. Summary of Punishment
| Offence | Punishment | Relevant Section |
|---|---|---|
| Acid attack causing grievous hurt | 10 years to life imprisonment + fine | Section 326A IPC |
| Attempt to cause acid attack | 5 to 7 years imprisonment + fine | Section 326B IPC |
VIII. Conclusion
Acid attacks are treated as serious offences with stringent punishments under Indian law. The Criminal Law (Amendment) Act, 2013 and subsequent Supreme Court judgments have fortified the legal framework to:
Deter potential offenders with harsh punishments,
Provide rehabilitation and compensation to victims,
Ensure strict regulation of acid sales, and
Promote speedy trials through special courts.
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