Acid Attacks And Attempt To Disfigure
1. What is an Acid Attack?
Acid attack refers to the act of throwing acid or any corrosive substance on a person with the intent to cause physical harm, disfigurement, or injury.
It is a heinous crime that leads to permanent physical, psychological, and social damage.
Indian law addresses acid attacks primarily under Sections 326A and 326B of the Indian Penal Code (IPC).
2. Relevant Sections of IPC
Section 326A IPC: Voluntarily causing grievous hurt by use of acid (punishable with imprisonment of minimum 10 years, which may extend to life imprisonment).
Section 326B IPC: Attempt to commit acid attack (punishable with imprisonment up to 7 years and fine).
Section 307 IPC: Attempt to murder (can also be invoked depending on circumstances).
Section 320 IPC: Definition of grievous hurt includes permanent disfigurement.
3. Legal Protections and Amendments
The Criminal Law (Amendment) Act, 2013 introduced Sections 326A and 326B in response to rising acid attacks and to provide stringent punishment.
The Supreme Court and various High Courts have also issued directives related to regulation of acid sale and compensation to victims.
Special courts and fast-track trials are recommended for such cases to expedite justice.
4. Important Case Laws on Acid Attacks and Attempt to Disfigure
1. Laxmi v. Union of India, AIR 2015 SC 1869
Facts: Petition filed for stricter laws, regulation of acid sales, and victim compensation.
Judgment: Supreme Court issued comprehensive guidelines:
Regulate acid sale and prohibit easy access.
Free medical treatment and rehabilitation to victims.
Compensation from state governments.
Special courts and timely trial.
Impact: Landmark judgment strengthening victim protection and preventive measures.
2. State of Punjab v. Mohinder Singh Chawla, AIR 1997 SC 1225
Facts: Case involving acid attack resulting in severe disfigurement.
Judgment: Supreme Court emphasized that acid attacks cause extreme cruelty and disfigurement, warranting severe punishment under Section 326 IPC.
Impact: Established severity of punishment for acid attacks reflecting societal condemnation.
3. Rajesh v. State of Haryana, (2016) 9 SCC 497
Facts: Conviction under Sections 326A and 326B for acid attack.
Judgment: Supreme Court confirmed rigorous imprisonment and upheld victim compensation. Highlighted the need to treat acid attacks as distinct and grave offenses.
Impact: Reinforced legal framework for punishing offenders and compensating victims.
4. Neelofar Begum v. State of Jharkhand, (2014) 9 SCC 391
Facts: Attempt to disfigure a woman by acid attack, charges under Sections 326A and 307 IPC.
Judgment: Court convicted accused under Sections 326A and 307, noting intent to cause grievous harm and possible death.
Impact: Clarified that attempt to murder charges can be added depending on facts.
5. Lalit Kumar Jain v. State of Rajasthan, AIR 2019 SC 415
Facts: Appeal against conviction in acid attack case.
Judgment: Supreme Court upheld conviction and emphasized victim’s trauma and lifelong impact. Also stressed quick trial and rehabilitation.
Impact: Affirmed strict judicial approach and victim-centered justice.
6. Dinesh v. State of Haryana, (2020) SCC OnLine SC 1492
Facts: Accused attempted to throw acid but victim narrowly escaped disfigurement.
Judgment: Court convicted under Section 326B IPC (attempt to cause grievous hurt by acid) and upheld punishment.
Impact: Reinforced that even attempts to disfigure by acid attract stringent penalties.
5. Judicial Attitude and Sentencing Trends
Courts consistently treat acid attacks as heinous crimes attracting stringent punishment.
Compensation and rehabilitation are integral to justice.
Courts also emphasize preventive measures, including curbing acid sales.
Victims’ dignity and trauma are central to sentencing and relief.
6. Conclusion
Acid attacks and attempts to disfigure are treated with utmost severity under Indian law. The criminal justice system recognizes the physical and psychological devastation caused by acid and imposes harsh punishments under Sections 326A and 326B IPC. The judiciary’s evolving approach aims not only to punish offenders but also to ensure victim protection, compensation, and social rehabilitation.
RELATED Blog
0 comments