Acid Attack Punishment under Indian Penal Code (IPC)

Acid attack is one of the most gruesome violent crime. You may not know it but it is quite common in South Asia. Bangladesh, India and Pakistan are among the countries with highest number of acid attack incidents. In most of the cases, women are the target of these crimes. Uncontrolled and illegal sale of sulfuric and nitric acids encourage perpetrators.

The Indian Penal Code (IPC) has Section 326 A and 326 B to punish the perpetrators of acid attacks. Both these sections were added to IPC in 2013 through the The Criminal Law (Amendment) Act, 2013. These sections are gender neutral — meaning that victims of any gender are protected under these sections. Although most of the acid attack victims are women but men have also been the victims of this crime.

Section 326A of IPC

This section deals with the cases of acid attacks and specifies punishment for such a crime. It states that:

326A: 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, 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 section shall be paid to the victim.

Explanation 1. – 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.

Explanation 2. – For the purposes of … this section, permanent or partial damage or deformity shall not be required to be irreversible.

Section 326B of IPC

Indian Penal Code’s Section 326B specifies the punishment for attempted acid throwing. It states that:

326B: 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 of partial damage or deformity of 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 extent to seven years and also be liable to fine.

Explanation 1.- For the purposes of section 326 A and 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.

Explanation 2.- For the purposes of section 326 A and this section, permanent or partial damage or deformity shall not be required to be irreversible.