ACID ATTACK-LEGAL PERSPECTIVE

Jun 6, 2020

Acid attacks are very vicious form of crime which have manifold effects on lives of the victim subjected to such an exposure. These attacks are mostly inflicted on women. Hydrochloric acid and Sulphuric Acid are easily available in the Indian market and such acid attacks melt the flesh and in some cases, even affect the bones.

Effects:

  • Body disfigurement
  • Permanent scarring on face and Body.
  • Paralysis of body
  • Damage of eyes and ears.

Legal Perspective:

Section 326A of Indian Penal Code, 1860 which was inserted through Criminal (Amendment) Act, 2013. It states that Acid is a substance with corrosive character that has the capacity to cause temporary or permanent disfigurement or disability. Punishment for succeeding to throw is minimum 10 years imprisonment and for attempt if 5 years imprisonment.

Section 114B of Indian Evidence Act, 1872 which elucidates on Presumption of Acid Attack that if person has thrown acid on another person, the court shall presume that the person had intentions of causing grievous hurt or injury.

Precedents in this Regard: 

In Devanand v. State, a man threw acid on his ex-wife because she did not want to live with him, which caused permanent disablement and loss of one eye. He was imprisoned for 7 years.

In laxmi v. State, the woman was subjected to an acid attack because she refused to marry the guy. This is considered a landmark case because Supreme Court passed an order to ban sale of acid in shops unless the seller records the details of the purchaser and specifies the purpose. Acid attack is now a non bailable and a non-cognizable offence.

Recent Scenario: Data Intelligence Unit of India Today found that between 2014 and 2018, there have been 1483 acid attacks in the country. This is according to the data released by National Crime Records Bureau. A total of 596 acid attack cases in 2017 and 623 victims in 2018. Uttar Pradesh, West Bengal and Delhi are among the 10 worst states in account of acid attacks..


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Conclusion