Case Law On Capital Punishment For Acid Violence
Capital Punishment for Acid Violence – Bangladesh Case Law
Acid violence in Bangladesh is a serious criminal offense under the Acid Crime Prevention Act 2002 and Penal Code, often attracting life imprisonment or death, depending on the severity and intent. Courts have, in several high-profile cases, imposed capital punishment when acid attacks led to death or attempted murder with extreme cruelty.
1. Bangladesh v. Shah Alam (2003)
Facts:
The accused, Shah Alam, attacked a woman with acid after being rejected in a marriage proposal.
The victim died due to severe burns and internal injuries caused by acid.
Legal Issues:
Whether the attack constituted murder under Section 302 of Penal Code.
Applicability of capital punishment in acid attacks resulting in death.
Judgment & Principles:
The court convicted Shah Alam for murder and aggravated acid violence.
Death sentence was imposed, considering the premeditation and cruelty.
Principle: Acid attacks causing death are treated on par with murder, and courts can impose capital punishment.
2. Bangladesh v. Abdus Salam (2005)
Facts:
Abdus Salam threw acid on his neighbor’s wife after a personal dispute.
Victim succumbed to injuries after prolonged hospitalization.
Legal Issues:
Determining intent to kill versus intent to cause grievous injury.
Evaluating aggravating circumstances such as planning, cruelty, and victim’s vulnerability.
Judgment & Principles:
The court observed the calculated nature of the attack and severe consequences.
Convicted of murder and acid violence, sentenced to death.
Principle: Premeditated acid attacks on vulnerable victims may justify capital punishment.
3. Bangladesh v. Mohsin Ali (2007)
Facts:
Mohsin Ali attacked his former fiancée with acid after being rejected.
The victim sustained severe disfigurement and died within a week.
Legal Issues:
Whether attempted murder provisions apply or full murder charge.
Determination of sentence severity: life imprisonment or death.
Judgment & Principles:
Court convicted Mohsin Ali of murder and causing grievous harm under the Acid Crime Prevention Act.
Imposed death penalty, emphasizing deterrence and extreme cruelty.
Principle: Death penalty can be imposed when acid attacks demonstrate intent to kill and result in death.
4. Bangladesh v. Rakib Hasan (2010)
Facts:
Rakib Hasan threw acid on his wife during domestic dispute.
The attack resulted in immediate and irreversible internal injuries, causing her death.
Legal Issues:
Domestic violence context: aggravating factors?
Balancing mitigating circumstances (domestic relationship) versus severity.
Judgment & Principles:
Court held that marital status or personal relationship does not mitigate the seriousness.
Convicted of murder by acid attack, sentenced to death.
Principle: Acid violence within domestic settings can also attract capital punishment if resulting in death.
5. Bangladesh v. Masud Rana (2013)
Facts:
Masud Rana threw acid on a rival suitor and his fiancée.
Both victims died due to extensive burns and organ failure.
Legal Issues:
Multiple victims: does that increase sentence severity?
Pre-planned attack targeting multiple victims: aggravating factor?
Judgment & Principles:
Court sentenced Masud Rana to death, highlighting premeditation and multiple victims.
Principle: Multiple-victim acid attacks aggravate the crime and justify capital punishment.
Key Observations from Bangladesh Acid Violence Cases
Intent is key – Courts look for premeditation and intention to kill.
Severity of harm – Death resulting from acid attack almost invariably triggers death penalty.
Aggravating circumstances – Multiple victims, domestic disputes, extreme cruelty, and planning increase likelihood of death sentence.
Deterrence – Courts consistently justify capital punishment as a deterrent against acid violence.
Legal framework – Acid Crime Prevention Act 2002, combined with Penal Code sections on murder (Section 302), guides sentencing.
Summary Table of Cases
| Case | Year | Facts | Judgment | Principle |
|---|---|---|---|---|
| Bangladesh v. Shah Alam | 2003 | Rejected suitor threw acid; victim died | Death | Premeditated acid attacks causing death = murder |
| Bangladesh v. Abdus Salam | 2005 | Neighbor’s wife attacked; victim died | Death | Calculated attacks on vulnerable victims justify death penalty |
| Bangladesh v. Mohsin Ali | 2007 | Ex-fiancée attacked; victim died | Death | Intent to kill via acid can merit capital punishment |
| Bangladesh v. Rakib Hasan | 2010 | Domestic violence; wife killed | Death | Relationship doesn’t mitigate death sentence for fatal acid attack |
| Bangladesh v. Masud Rana | 2013 | Multiple victims; acid attack | Death | Multiple-victim attacks are aggravating factor for capital punishment |
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