ACID ATTACK

Acid attack is a crime committed mostly against women in India. Section 100 of the IPC

deals with the right to self-defence of one's body which gave a person to defend their own

body against numerous kinds of attacks including assault. by way of the amendment in 2013

a seventh clause was added to section 100 which now covers showing of acid or an attempt to

throw acid or even administering an acid attack which has a reasonable apprehension of

causing grievous hurt in an attempt case and hence will also come under section 322.

Acid, as elaborated in explanation 1 attach to section 365 B, is regarded as a corrosive

burning substance which has the ability e of causing bodily injury leading to scars or

disfigurement or disability. It is a substance which is used to attack the body of the victim by

throwing acid on them with the intention of burning them or damaging skin tissue or flash of

the body and which often exposes and sometimes even dissolves the bones of the victim's

body. Such harm on the body may be temporary or permanent in terms of damage, deformity,

burns caused to any part of the body or disfigurement or disablement of any body part. This

can also amounts to grievous hurt. Looking at the gravity of the harm that can be caused to

the victim's body, it was included within section 100 to give the victim a right to private

defence of his/her body.

SEC 326A

When by way of throwing acid aur by administering the throwing of acid in directly at the

victim's body results permanent or partial damage, deformity, burns, mains, disfigurement or

disability to any part(s) which the knowledge of voluntarily causing grievous hurt will

constitute an acid attack. This provision states are punishment for imprisonment ofat least 10

years which may extend to life imprisonment and with fine to be paid to the victim, provided

that it is just and reasonable to cover medical expenses, etc.

SEC 326B

It does not matter if even a single drop of acid did not follow up on the victim's body, but the

mere fact that acid was thrown towards the victim is enough to show that there was an

attempt to cause an acid attack. Section 326B penalizes this attempt of acid attack as long as

there is an intention of causing burns, damage deformity disfigurement disability maiming or

grevious hurt. It is irrelevant whether the deformity are damage caused is partial or

permanent and whether it is irreversible or not in cases of attempt to acid attack. This

provision levies a punishment of imprisonment of 5 to 7 years in addition of fine which is to

be Just and reasonable.

SEC 166A

Responsibility of a public officer: If a public servant, having knowledge, disobeys the

directions of law in the process of carrying out investigation in a certain way with regard to

offences including acid attacks, or failing to record information under 154 of CRPC in

relation to cognizable offences which includes offences under 326a and 326 b, or acting in

prejudicial manner towards another person, then this section is attracted. The punishment

under this provision is of rigorous imprisonment of 6 months 2 years along with fine.

SEC 166B

Punishment for non-treatment of victim: If a person is in charge of a public or private

hospital, respective of who runs it, contravening the provisions of section 357C of the CrPC

(section 357C states that all hospitals shall immediately provide first aid or medical

treatment, free of cost, to the victims of offences covered under various provisions including

section 326A). The penalty of this provision attracts imprisonment of upto 1 year or fined or

both.
LAXMI V. UNION OF INDIA

Before this verdict of Supreme court there was no ban on sale of acid on counters as well as

the compensation provided by the government was not sufficient and so guidelines were

established for the betterment of acid attack survivors. This judgement did two things -

regulation on the sale of acid and just and reasonable compensation to victims of acid attack.

Issues Raised:

1. For making considerable amendment in the Indian Penal Code,1860 and Criminal

Procedure code, 1973 relating to Acid attacks.

2. A complete ban on the sale of acid and its various forms also such acids should not be

available over the counter.

3. Prosecution of acid throwers as well as the rehabilitation of acid attack victim which

included treatment as well as compensation.

Startling data that was collected showed the prevalence of this, majorly committed in some

areas. This led to an amendment in the CRPC for inclusion of section 357A. Victim

compensation scheme also got notified by the government in the supreme court laid down

that the minimum compensation for an offence of acid attack is going to rs. 3,00,000 it will

be directly paid to the victim. The compensation must be decided on a just and reasonable

basis which must cover the medical expenses of the victim. The Ravada Shashikala

judgement furthered the stronger implementation of the compensation scheme and ordered

for the Government and the culprit to pay compensation to the victim in parts.

PARIVARTAN KENDRA V. UNION OF INDIA

This PIL was filed to address the plight of acid attack victims even after its decision in Laxmi

vs. Union of India. The concern was raised over high number of acid attack cases despite

there being a judgement in this regard which reflects that the legislative provisions enacted

are not enough.

 Firstly, this judgement affirmed that the compensation amount fixed at rupees 3 lacs is

only the minimum amount, the final compensation amount must be decided

considering various factors such as the damage caused (physical and mental) as well

as the costs that will be incurred during the treatment of the victim.

 Secondly, the court also observed that acid is being sold easily despite there being

regulation guidelines. This shows that suppliers and sellers are not adhering to these

guidelines and at the same time the authorities are failing at keeping a proper check

on the sale of acid in the market. It reasserted upon the states to follow these

guidelines and to make sure that the sale of acid is properly regulated and that nobody

can sell bodily harmful acid without proper documents.

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Sec 154 (1) of CrPC - information given by a female victim of acid attack has to be recorded

by a female police officer or any women officer. This is significant because of the

psychological and mental trauma that the victim goes through and therefore has been

included by the 2013 amendment Act. 

Section 197 of CRPC