Do you know the difference between acid

attack and attempt to acid attack

Home Academics Do you know the difference between acid attack and attempt to acid attack

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By Srilakshmi G. Academics Blogs 28th March 2020

Author’s Note: This blog is focused on merely explaining the essentials of Acid Attack and
Attempt to Acid Attack under Section 326A and 326B of Indian Penal Code, 1860.

Introduction

The Criminal Law (Amendment) Act, 2013 provides for amendment of Indian Penal Code,
Indian Evidence Act, Code of Criminal Procedure and the Protection of Children from Sexual
Offences Act on laws related to sexual offences. The Bill received Presidential assent on 2nd
April 2013 and is deemed to have come into force from 3rd February 2013.

Sections 326A and 326B fall under Chapter 16 of Indian Penal Code which talks about
offences affecting the human body. Section 326A of IPC talks about voluntarily causing
grievous hurt by use of acid, etc whereas Section 326B deals with voluntarily throwing or
attempting to throw acid. The basic difference between section 326A and 326B of IPC is
the cause of actual injury to the victim. Under Section 326A the offender is successful in
hurting the victim whereas under Sec. 326B the offender only throws or attempts to throw
acid, without being able to hurt the intended victim.

Section 326A is a cognizable, non-bailable and non-compoundable offence.

Elements of 326A
1. The offender must voluntarily cause permanent or partial damage or deformity to, or
burns or maims or disfigures or disables, any part or parts of the body of the victim or
causes grievous hurt to her.
2. It must be done by throwing acid on or by administering acid to the victim, or by
using any other means.
3. The offender should act with the intention of causing or with the knowledge that he is
likely to cause such injury or hurt.

He shall be punished with imprisonment for a term which shall not be less than ten years but
which may extend to imprisonment for life, and with fine. Such fine shall be just and
reasonable to meet the medical expenses of the treatment of the victim and shall be paid to
the victim.

Elements of 326B
1. The offender must voluntarily throw or attempt to throw acid on any person or
attempts to administer acid to any person, or attempts to use any other means.
2. It is done 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.

He shall be punished with imprisonment 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.

Explanation 1 to Sec. 326B states that for the purposes of section 326A and 326B, “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.

Explanation 1 to Sec. 326B states that for the purposes of section 326A and 326B, permanent
or partial damage or deformity shall not be required to be irreversible.