Section 134 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 134 of the Bharatiya Nyaya Sanhita (BNS), 2023 pertains to the offense of voluntarily causing grievous hurt by the use of acid or similar corrosive substances. This provision is designed to deter acid attacks and similar heinous crimes by prescribing stringent punishments.
๐ Text of Section 134
Subsection (1): Causing Grievous Hurt
"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 or causes a person to be in a permanent vegetative state 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 sub-section shall be paid to the victim.*
Subsection (2): Attempted Offense
"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."
โ๏ธ Legal Implications
Cognizability: The offense is cognizable, meaning the police have the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court.
Bailability: The offense is non-bailable, implying that the accused does not have an automatic right to bail and must apply to the court for bail.
Triable by: Court of Session.
๐ Key Definitions
Acid: For the purposes of 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.
Permanent or Partial Damage or Deformity: Permanent or partial damage or deformity or permanent vegetative state shall not be required to be irreversible.
๐งพ Illustrative Example
If an individual intentionally throws acid on another person, causing severe burns and permanent disfigurement, such an act would fall under the purview of Section 134 of the BNS, 2023. The perpetrator could be subject to imprisonment for a term not less than ten years, which may extend to life imprisonment, along with a fine to cover the victim's medical expenses.
๐ Additional Information
Victim-Centric Approach: The fine imposed under this section is intended to meet the medical expenses of the victim, emphasizing a victim-centric approach in the legal framework.
Deterrent Measures: The stringent punishments prescribed aim to deter individuals from committing acid attacks and similar offenses, thereby enhancing public safety and justice.
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