SECTION: 326A & 326B

WHEN: Added in 2013 (Amendment act, 2013) on recommendation of Justice Verma committee.

Along with this certain amendments has also been made in CrPC & Evidence through amendment act, 2013 which are as follows:

• Section 114B was added in the ‘Indian Evidence Act’ by virtue of which a person throwing or in an attempt to throw acid shall be deemed to have both knowledge and intention for causing harm to another person.
• Sec 357 A was inserted in the CrPC regarding recompensating the survivors.
• Sec.357B was added to the CrPC again which makes it clear that this compensation scheme under CrPC is apart and in addition to the fine that shall be paid to the victim under Section 326 A and B of the IPC.

CASE LAW: The committee relied on the case of Sachin jana V. State of west Bengal, where the supreme court attracted section 307 read with section of IPC & considered acid attack as an offence of attempting to murder.

CLASSIFICATION: These are cognizable and non-bailable offences which shall be tried by the Court of Sessions.

Section 326A: Grievous hurt by use of acid.

Punishment: Not less than 10 years – Extend to Imprisonment for life + Fine.

Fine: Reasonable to meet the medical expenses paid to the victim.

Case law:  Laxmi v. Union of India, 2014 SCC(4) 427 the rate of compensation is not uniform in all the States. In fact, this Court had pointed out that the compensation should be enhanced to at least Rs 3,00,000(Rupees three lacs only) as aftercare and rehabilitation cost.

Essential ingredient:                                                                                                                               

(i)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.

(ii) By throwing acid on or by administering acid to that person or by using other means.

(iii) Intentionally or with knowledge that his acts would likely to cause such injury or hurt.

SECTION 326B:  Attempt to throw acid.

Punishment: Imprisonment for not less than 5 yr – extend to 7 yr + Fine

Fine: Reasonable to meet the medical expenses paid to the victim.

Case law: Maqbool V. The State Of Uttar Pradesh on 7 Sept, 2018. 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 or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished.

Essential ingredient:                                                                                                                                             (i) 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.

(i)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.                

BASIC DIFFERENCE BETWEEN 326A & 326B

The basic difference between Sections 326A and 326B of IPC is the presence of actual injury under Section 326A. The result of injury has made the offence more serious.

Buying & Selling of acid: The Honourable Supreme court issued certain guidelines in respect to the first pleading. These guidelines are:

• That no person who is a minor shall be allowed to purchase acid.
• That a buyer has to produce his/her identification card while purchasing acid along with mentioning the reason for buying the same. The same information needs to be given to the nearest police station within a time period of 3 days.
• That the seller is obliged to submit a report of the stocks of acid before the SDM within a period of 15 days. In case the seller fails to provide such a report the SDM can exercise the discretion to seize such unreported stocks of acid and may impose a fine extending to 50,000 rupees.
• That in case acid is purchased by any institution, enterprise or lab etc. for the purpose of research, academics, experimentation etc.; the credentials of the same need to be maintained in a register to be submitted before the SDM.
• That a person should be authorised to safely scrutinise the storage and handling of acid at above mentioned places along with recording the entry and exit of each and every person.

Rights of victim:

• That the victim shall be paid 3 lakh rupees of minimum compensation.
• That the hospitals are not allowed to turn their back for treating a victim citing the reason for non-availability of medical facilities and on denying treating the victim, such a hospital or medical practician shall be made liable under Sec. 357C of CrPC.
• The first aid treatment of the victim should be given the first priority.
• That the hospital which treats the survivor initially shall issue a medical certificate to the victim for the purpose of further reference for treatment.
• That both state and central govt shall make effort to streamline the private hospitals as well into treating the acid attack victims.

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