Acid Attack

Legal Effect of Acid Attack

Till recently there was not any specific law in India to deal with the cases of
acid attack. The Section 326 of the Indian Penal Code which deals
with voluntarily

Causing Grievous Hurt by Dangerous Weapons or Means  was not so effective

in dealing with this heinous form of crime because it does not include acid
attack. The eighteenth law commission of India which was headed by Justice
A.R. Lakshmanan then proposed a new section 326A and 326B in the India
Penal Code and section 114B in the Indian Evidence Act.

The scope of the definition of section 326 is very narrow but it does not deal
adequately with the issue of acid attack because:

 It does not cover the various kinds of injuries inflicted because of an acid
attack
 The section does not cover the act of administering acid attack, i.e, planning it.
 The section also does not specify who the fine should be awarded to
 The section does not punish the intentional act of throwing of acid if no injuries
occur

Further in cases of acid attack a presumption is incorporated in the Indian

Evidence Act as Section 114B. The proposed Section 114B of the Indian
Evidence Act shall read as under:

Presumption as to acid attack– If a person has thrown acid on, or

administered acid to, another person the court shall presume that such an
act has been done with the intention of causing, or with the knowledge that
such an act is likely to cause such hurt or injury as is mentioned in Section
326 A of the Indian Penal Code. This section was introduced to give wide
perspective to acid attack. Acid Attack was recently introduced as a separate
offence under the Indian Penal Code through Criminal (Amendment) Act,
2013.

 According to the Section 326A of Indian Penal Code  “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.  The long term consequences of these
attacks may include blindness, as well as permanent scarring of face and
body, along with far-reaching social, psychological, and economic difficulties.
Section 326A and Section 326B of Indian Penal Code includes punishment
which is given to an accused which read as follow:

Section 326A lays down the punishment for acid throwing. The minimum
punishment is 10 years imprisonment. It can extend up to life imprisonment
with fine.

Section 326 B lays down the punishment for attempted acid throwing. The
minimum punishment is 5 years imprisonment. It can extend up to 7 years
imprisonment with fine.

This amendment included punishment for those people who practice this
heinous form of crime but the amendment was useless because after also
people use to practice. So the best punishment will be tit for tat i.e., same
thing should be done with those people who practice this crime. They should
give realization by throwing acid on their face and on their family members.
These will be the best punishment which can be awarded to them.

Cases related to acid attack

As the crime of acid attack has increased from past, so to put a stop to the
growing number of acid attacks the Supreme Court has put ban on selling
acid.
After the leading case of Laxmi v UOI, the Supreme Court passed an order to
put ban on selling of acid in shops. For preventing acid attacks, the Supreme
Court has completely prohibited the counter sale of the chemical unless the
seller maintains a recording of the address and other details of the buyer,
and the quantum. Dealers can now only sell the chemical after the buyer
showed a government issued photo identity card and after specifying the
purpose of purchase. The seller should submit the details of sale to the local
police within three days of the transaction. Acid should not be sold to any
person under 18 and all stocks must be declared with the local sub-divisional
magistrate (SDM) within 15 days. Undeclared stocks could be confiscated
and the defaulter fined up to Rs.50, 000.  Acid attack is now a non-bailable
and cognizance offence.

 Laxmi of 22 years old, who was an acid attack survivor was waiting for a bus
in Delhi’s tony Khan Market in 2005, when two men poured acid on her after
she refused to marry one of them, leaving her disfigured. Though the victim
and her parents were poor they were fortunately helped by a benefactor who
bore the medical expenses approximating to Rs. 2.5 Lakhs. However, even
after 4 plastic surgeries the victim’s physical appearance remains horrific and
many more surgeries would be required to make her physical appearance a
semblance of what it was. The victim can of course never look as she did
before the attack.

The Supreme Court directed all states to pay acid attack victim Rs. 3 lakh
towards medical treatment and aftercare rehabilitation and Rs. 1 lakh within
15 days of an incident and the balance within two months thereafter. Alok
Dixit, Founder of Stop Acid Attack says that the good thing that has come out
of it is the compensation but that is for the girls who will be attacked in the
future.

In Devanand   Vs. The State a man threw acid on his estranged wife because
she refused to cohabit with him. The wife suffered permanent disfigurement
and loss of one eye. The accused was convicted under Section 307 and was
imprisoned for 7 years.
There are no official figures available but it is estimated there are 1,000 acid
attacks a year in India. The people of India has become so hardened heart
that they didn’t even think before pouring acid on the face of innocent
women. The heart of Indian people has become black, they even didn’t think
about their family members as they can also be the victim of same heinous
crime, what they will do if their family members will suffer the same. The
best punishment is tit for tat, the same should be done be the person who do
with innocent women. They didn’t have any right to spoil the life of others.
They will not get the lesson until and unless they will be placed in same
pathetic condition.

Neighboring countries Bangladesh and Pakistan, too, have reported a number

of cases of acid attack over the years. The reasons, more often than not,
have remained the same across borders – easy availability of acid, and a
spurned “lover” who wants to ‘teach a lesson’ to the girl. The number of
cases in Bangladesh came down sharply after sale of concentrated acid was
restricted in 2002. In India, acids are available in neighborhood provision
stores at 10 or 15 rupees a litre.

A ban on the sale of acid in the retail market is the only solution to stop acid
attacks. “Acid violence is a crime of vengeance. The change in the law will be
effective only when implemented properly. There is also a need to build
awareness among people who sell acid.” Making a law is useless until and
unless people change their mind. Instead of implementing new laws mind of
people should change first. India is trying to grapple with the problem of acid
attack but there attempt will be failure unless no awareness has been raised
among them.

CONCLUSION
An acid attack has long-lasting consequences on the life of the victim who
faces perpetual torture, permanent damage and other problems for the rest
of her life. Their living life becomes like a gutter; they become too
traumatized and embarrassed to walk out of their house and carry out simple
tasks let alone get married, have children, get a job, go to school, etc. Even
if they are willing to pursue a normal life, there is no guarantee that society
itself will treat them as normal human beings given their appearance and
disabilities after an attack. They may not be able to work, or be able to find a
job, and thus perpetually struggle to survive. Therefore, to curb attacks on
women harsh punishment should be given to person so that they feel the
same as the victim feels.

The Crime of an Acid attack is not on a small range, day by day the crime of
acid attack is increasing so instead of making such useless law the
government should take appropriate action which actual will help the victim.

Till recently there was not any specific law in India to deal with the cases of
acid attack. The Section 326 of the Indian Penal Code which deals
with voluntarily

Causing Grievous Hurt by Dangerous Weapons or Means  was not so effective

in dealing with this heinous form of crime because it does not include acid
attack. The eighteenth law commission of India which was headed by Justice
A.R. Lakshmanan then proposed a new section 326A and 326B in the India
Penal Code and section 114B in the Indian Evidence Act.

The scope of the definition of section 326 is very narrow but it does not deal
adequately with the issue of acid attack because:

 It does not cover the various kinds of injuries inflicted because of an acid
attack
 The section does not cover the act of administering acid attack, i.e, planning it.
 The section also does not specify who the fine should be awarded to
 The section does not punish the intentional act of throwing of acid if no injuries
occur
Further in cases of acid attack a presumption is incorporated in the Indian
Evidence Act as Section 114B. The proposed Section 114B of the Indian
Evidence Act shall read as under:

Presumption as to acid attack– If a person has thrown acid on, or

administered acid to, another person the court shall presume that such an
act has been done with the intention of causing, or with the knowledge that
such an act is likely to cause such hurt or injury as is mentioned in Section
326 A of the Indian Penal Code. This section was introduced to give wide
perspective to acid attack. Acid Attack was recently introduced as a separate
offence under the Indian Penal Code through Criminal (Amendment) Act,
2013.

 According to the Section 326A of Indian Penal Code  “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.  The long term consequences of these
attacks may include blindness, as well as permanent scarring of face and
body, along with far-reaching social, psychological, and economic difficulties.
Section 326A and Section 326B of Indian Penal Code includes punishment
which is given to an accused which read as follow:

Section 326A lays down the punishment for acid throwing. The minimum
punishment is 10 years imprisonment. It can extend up to life imprisonment
with fine.

Section 326 B lays down the punishment for attempted acid throwing. The
minimum punishment is 5 years imprisonment. It can extend up to 7 years
imprisonment with fine.

This amendment included punishment for those people who practice this
heinous form of crime but the amendment was useless because after also
people use to practice. So the best punishment will be tit for tat i.e., same
thing should be done with those people who practice this crime. They should
give realization by throwing acid on their face and on their family members.
These will be the best punishment which can be awarded to them.