Section 326A and 326B of IPC- A Critical Analysis
Section 326A and 326B of IPC- A Critical Analysis
Author : V. Krishna Laasya
Introduction
Acid attack is a form of heinous offence where acid is intentionally thrown on the victim to torture or disfigure the person. Section 326A and 326B of the Indian Penal Code, 1860 provides for acid attack and the punishment imposed on the acid attacks.
Such an offence vitally damages the victim and the medical effects are ever- lasting. Until 2013, acid attack was not a separate offence and the importance was not properly highlighted. However, today, the importance is drawn and the prevention of such an offence is made aware to all parts of the society.
Effects of acid attack
- Consequences explicitly: The acid attack victims are affected with outer damage as their parts are disfigured and damaged. In most cases, skin is peeled off and the depth of the injury caused generally depends on the time the acid was present on the skin of the victim.
- Mental effects: The victim is affected mentally as he/she may be subject to mental agony, stress and depression
- Medical complications: The victim faces several complications as most of the times, acid attacks occur on the face of the victim and the ear, tongue may be ripped off.
- Social backlog: The victims face social isolation as the society is generally not ready to accept them and isolates them from any event in the family.
Relevant Provisions
S. 326A of the Indian Penal Code, 1860 prescribes the meaning and definition of an acid attack. Under this provision, if there is any damage either permanent or temporary to any part of the body or there is grievous hurt caused to any person either by administering, pouring or throwing acid on any person with conscious feeling and intention of knowing the harm likely to be caused by such an act, shall be awarded punishment of either a term of at least 10 years or life imprisonment and with fine.
Under S. 326B, whoever causes injury either completely or partially to any body part or if there is any life threatening damage caused to any person by attempting to throw acid shall be awarded punishment of a either term of at least 5 years or an extension to 7 years with fine.
Section 100 of the Indian Penal Code, 1860 states that the victim of the acid attack can exercise private defence including causing death voluntarily and harm to the accused at the time of throwing acid or administering acid to prevent grievous hurt on victim and reasonable apprehension of possibility of acid attack in the mind of the victim.
As per Section 357B of the Code of Criminal Procedure, 1973 the compensation payable to the victim shall be made along with the fine imposed on the acid attack accused. Under Section 357C of the Code of Criminal Procedure, 1973 the hospitals, irrespective of whether they are State Government or Central Government, Private Hospitals will provide first aid or medical treatment when brought to freely and without charging any money to the victims of acid attacks.
In Laxmi v. UOI[1], the Supreme Court laid down certain measures on regulation of acid sale in the states and also Union Territories. The court also ordered on the compensation to be awarded to the acid victims.
Prevention and Rehabilitation of the Victims in case of Acid attacks Bill, 2017
This bill enacts and provides the guidelines for prevention and regulation of sale of acid after stating the proper reasons. The bill provides that the
- High concentration of acid must not be sold for day-day purposes.
- Acid shall be sold after proper verification and check of id proof provided by the buyer.
- Acid dealers shall maintain proper records of the stock of acid stored.
- Unregulated sale shall not be made and if made, shall be punishable with imprisonment.
- Acid victims shall be eligible for government jobs and employment under the category of disabilities.
- Minimum compensation shall be fixed at ten lakh in case of utmost injury and three lakh in other cases.
- Allowances shall be provided to the victims
- Surgeries either cosmetic or surgical shall be provided in the form of medical treatment to the victims.
Precedents related to Acid Attack
In Revinder Singh. State of Haryana[2], the husband was involved in an extra marital affair and poured acid on the face of the victim (the wife) after refusal to grant divorce. The victim further died and no life imprisonment was given to the accused even after the death of the victim.
In Parivartan Kendra v. Union of India[3], two girls were attacked by accused and acid was thrown on them. The Supreme Court held that the State Governments must take this up with private hospitals and that private hospitals must not refuse treatment and food, clothing, medicines must be provided with to the victims.
In Ramesh Dey v. State of West Bengal[4], the accused threw acid on the victim and succeeded the second time. It was found out that the reason was that the victim overturned the advances by the accused. The victim, mother, aunt and son sustained injuries. The victim died and the accused was convicted under S. 324 of Indian Penal Code and simple imprisonment of two moths was imposed.
Conclusion
The victim’s life is scarred and no one will be socially willing to life the burdens of the affected victims. They are not considered human beings and are secluded by the society. They will no longer be able to pursue a normal life and there is a need for amendments and stringent measures in order to remove the lacuna in the society today.
Rehabilitation programs and society must be made aware of the same so that the victim can think of pursuing a normal life.
Pursuant to the Delhi Gang Rape case, Criminal law Amendment Act, 2013 was passed where Section 326A and Section 326B were passed to access the punishment imposed for acid attack and attempted acid attack.
With regard to the acid attacks, the State and Union Governments made acid attack a non- bailable offence and took into account the rules of the Poison Act of 1919.
[1] Laxmi v. Union of India, (2014) 4 SCC 427
[2] Revinder Singh. State of Haryana AIR 1975 SC 856
[3] Parivartan Kendra v. Union of India 2015 (13) SCALE 325
[4] Ramesh Dey v. State of West Bengal 2007 (3) CHN 775
Section 326A and 326B of IPC- A Critical Analysis
