Section 326A of IPC: Voluntarily causing grievious hurt by use of Acid

Article written by Advocate Alpa Jogi on IPC 326a Acid Attack

Section 326A of IPC: Voluntarily causing grievious hurt by use of Acid

Section 326-A and 326-B were specifically inserted by the 2013 Amendment Act to control and prevent acid-attacks, a type of gender-based crime against women. Sections 326-A and 326-B were inserted after Section 326 with the passing of Act 13 of 2013 i.e., the Criminal Law (Amendment) Act, 2013. The changes in Indian laws came about when Lakshmi, an acid-attack victim filed a PIL in 2006 to the Supreme Court of India asking for stricter laws for the sale of acids and proper provisions in the Penal Code for the protection of the victims of acid attacks. During the pendency of the case, Lakshmi v Union of India and Ors (2015), the Penal Code was amended and the appropriate sections were inserted.

Section 326A of the IPC states that:

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...

It says that voluntarily throwing and administering acids with the knowledge that it will cause hurt and with the intention to cause hurt is within the purview of this section. Acids include any substance which has ‘acidic’ or ‘corrosive’ properties and can cause bodily injury, either through scars or disfigurement, or temporary or permanent disability. Further, for this Section to take effect, damage, either permanent or partial, must be caused to the victim of the acid attack. It is irrelevant if the damage caused is made reversible by medical treatment.

Note : Above information is in general form, issued with a motive to help. Author disowns any kind of liability.

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