In recent times, India has been seeing a disturbing growth of acid assaults, particularly on women. Acid attack is a grievous crime more upon women, with an expectation to deform or slaughter her. National Commission of India says that acid attack is any demonstration of tossing corrosive or utilizing corrosives in any shape on the casualty with the goal of causing lifelong harm or deformation or disfiguration to any body part of the individual. Punishment for an acid attack in India is rigorous.
Laws on the acid attack in India
Earlier no specific section dealt with particularly throwing acid and no incidents were recorded separately. Section 326A and 326B have been included in Criminal law (Amendment) Act 13 of 2013. It was added so that the growing cases of acid throwing can be fairly recorded, and the misery caused can be equally dealt with in the eyes of law.
- 326A of the Indian Penal Code states that Whoever makes perpetual harm or distortion, or consumes or debilitates or deforms or handicaps, any part or parts of the body of anyone or causes appalling hurt by tossing corrosive on or by controlling corrosive to that individual, or by utilizing some other means with the aim of causing or with the learning that he is probably going to cause such damage or hurt, should be rebuffed with detainment of either depiction for a term which might not be under ten years but rather which may reach out to detainment forever, and with fine.
- It also states that such fine should be sensible to meet the therapeutic costs of the treatment of the casualty.
- It also states that any fine forced under this area should be paid to the casualty.
Section 326A of the Indian Penal Code defines “Acid” as any substance which has an acidic or destructive character or consuming nature that is equipped for causing substantial damage leading to scars or distortion or brief or perpetual incapacity.
- Section 326B of Indian Penal Code states that Whoever tosses or endeavors to toss corrosive on any individual or attempts to direct corrosive to any individual, attempts to utilize some other means, with the aim of causing changeless or incomplete harm or distortion or consumes or damaging or deformation or inability or horrifying hurt to that individual, might be rebuffed with the detainment of either depiction for a term which should not be under five years but rather which may broaden seven years, and should likewise subject to fine.
- The acid attack punishment is a minimum of 10 years of detainment. It can reach out up to life detainment with a fine.
- The punishment for a violation of section 326B is 5 years detainment. It can stretch out up to 7 years detainment with a fine.
Compensating factor for the casualty
- Section 357B states that compensation or reimbursement must be made by the State Government.
- Section 357A states that if the casualty has been reported under the section 326A of the Indian Penal Code, then a fine must also be paid to the casualty.
- Section 357C of the Indian Penal Code states that all healing facilities, open or private, regardless of whether they are run by the Central Government, the State Government or some other individual, should instantly, give the emergency treatment or therapeutic treatment to the casualty. It should be free of cost and the same occurrence should be instantly reported to the police. No delay should be done if any of the sections from 326A, 376A, 376B, 376C, 376D of the Indian Penal Code is violated.
These sections of compensation to the casualty were embedded after the suggestion of the Justice J.S.Verma Committee and 226th Report of Law Commission of India which specifically dealt with acid attacks.
Conclusion For Laws on Acid Attack in India
Despite the fact that various actions are being taken against acid attackers, throwing of acid attack is growing day by day. A large portion of the acid assaults is undertaken on ladies, especially young women for dismissing the proposition of marriage, for denying dowry and so on. The Acid attack punishment in India needs to be more stringent so that not even a single individual even thinks about committing such an act.
Try our all-in-one Legal Practice Management Software START FREE TRIAL!