Laws related to Acid Attacks in India

-

Acid attack is a form of violence when acid is thrown on a person intentionally to cause him/her grievous and bodily harm and/or even death. The main intention of the perpetrator is to disfigure, maim or torture the victim. Women are the main victims of acid attack. Acid attacks are caused by mainly jilted or one sided lovers or due to refusal of a marriage proposal. The effects of acid attacks are mostly permanent body disfigurement, blindness etc. which also ostracizes the female victims from the society. They blame the women for their disfigurement which puts a stop on their professional careers as well. In some cases, families of the victims abandon them for fear of the society which leads to emotional and mental breakdown. Some victims commit suicide due to not being able to live with permanent disfigurement or because of ostracization and discrimination from society. 

The physical impacts of acid attacks are the most horrifying ones. Acid if poured on the skin, melts the skin and often dissolves the bones, muscles and tissues as well. The victim can suffer from blindness, breathing problems and/or hearing impairment. The victim also faces difficulty in speaking and eating as the lips become smashed revealing the teeth.

The cost of medical treatment for acid attack victims as it includes different surgeries and skin grafting. Women are forced to give up their education and career and have to face the taunts and disgusting looks of the people. The victims are called with many derogatory names which lead to negative psychological impact on the victims.

To curb this violence, Criminal Law (Amendment) Act, 2013, Sections 326A and 326B were included in Indian Penal Code, 1860. This offence comes under Sections 307, 320, 322, 325 and 326 of the Indian Penal Code, 1860. 

Section 307 describes punishment for attempt to murder. It states that any person commits an act with the intention of causing death, he/she would be punished with imprisonment for 10 years and/or fine. If the victim is hurt then the perpetrator would be imprisoned for life. 

Section 320 defines grievous hurt caused to a person. It includes emasculation, permanent privation of the sight of either eye, permanent privation of the sight of either ear, privation, destruction or impairment of any member or joint, permanent disfigurement of face or head, fracture or dislocation of bones or teeth or any hurt which causes the victim body pain for atleast 20 days or unable to proceed with his/her life normally.

Section 322 states that whoever causes hurt to other person with the intention of causing grievous hurt then it is said to be voluntarily causing grievous hurt.

Section 325 states that whoever voluntarily causes grievous hurt to other person will be punished with imprisonment for seven years and shall also be liable to fine.

Section 326 states that whoever causes grievous hurt by using a weapon or by any corrosive or explosive substance then he will be punished with life imprisonment for 10 years and shall also be liable to fine.

Section 326A states that whoever causes damage, deformity, maim, burn or disfigurement to any part of a person's body by throwing acid would be punished with life imprisonment for 10 years and shall also be liable to fine.

Section 326B states that whoever attempts to throw acid on another person with the intention of causing damage, deformity, maim, burn or disfigurement to any part of that person's body then he will be punished with life imprisonment for not less than 5 years but not more than 7 years and shall also be liable to fine.

The Prevention of Acid Attacks and Rehabilitation of Acid Attack Victims Bill, 2017 was enacted to prevent the sale, use and supply of acid without proper license and rehabilitation of acid attack victims. The main purpose of enacting this Bill are as follows:

1. To prevent the sale of acid without proper license of the buyer;

2. To verify that proper records for sale, import and supply of acid is maintained by the dealers.

3. To punish the perpetrators of acid attacks with imprisonment;

4. To provide the proper medical treatment of acid attack victims by treating them as persons with disabilities for the purpose of availing benefits under various Government schemes;

5. To classify acids on basis of corrosive nature and intensity and pres=cent the sale of acid which is highly corrosive;

6. To provide that skin grafting and cosmetic surgeries are provided to the acid attack victims

Acid attack victims have to face lifelong consequences such as permanent scarring of the skin. Even the society does not accept them and treat them as untouchables due to there appearance. They are not able to go to school, get proper jobs, get married etc. It is high time that the government make stronger laws, legislations and amendments to end this crime.

Comments

Post a Comment

Popular posts from this blog

Legal Opinion v. Legal Advice- Key Differences between them

-
The terms legal opinion and legal advice are often used synonymously thus the terms are used confusedly. Even lawyers used these terms interchangeably but they have actually different meanings.  LEGAL OPINION Black's Law Dictionary defines legal opinion as a written document in which a lawyer provides his or her understanding and interpretation of the law as per the facts of the case. This definition states that lawyers often draft legal opinions on various facets of law when asked by the client. A legal opinion is effective when it is made on the letterhead of the company/law firm signed and stamped by the lawyer representing the company/law firm. A disclaimer is mentioned in the legal opinion which states that whatever is mentioned in it is not a legal advice nor is it protected by attorney client privilege. This disclaimer protects the lawyer and the company he is representing from a potential liability. A client goes to the lawyer and asks for solution to a legal problem, wheth...
Read more

Bharatiya Nagarik Suraksha Sanhita, 2023

-
INTRODUCTION The Bharatiya Nagarik Suraksha Sanhita, 2023 ("Bill") was introduced in Lok Sabha on August 11, 2023.   If enacted, this Bill will repeal the Code of Criminal Procedure, 1973.  The Code provides for the procedure for arrest, prosecution, and bail for offences under various Acts including the Indian Penal Code, 1860.  The Bill retains most of the provisions of the Code.   This Bill has introduced strict deadlines for processes of inquiry, investigation and trial, allowing police custody for more than 15 days, conducting trial if the accused has absconded, trial in electronic mode etc. The Bill wants to normalize electronic communication, electronic evidence and electronic forms in investigation, inquiry and trial. KEY CHANGES IN THE BILL The following are the key changes which are introduced in the Bill:- 1. Signatures and finger impression- The Code allows a Metropolitan/Judicial Magistrate to order any person to provide signatures or handwriti...
Read more

Decriminalizing Section 138 of Negotiable Instruments Act, 1881- Good or Bad?

-
Negotiable Instruments Act 1881 governs the different types of negotiable instruments such as Bills of Exchange, Promissory Notes and Cheques. Negotiable Instrument is defined as a Promissory Notes, Bill of Exchange or Cheque which is payable either to order or to bearer. Section 138 talks about punishment when a cheque is dishonoured due to insufficiency of funds or for any other reason. The defaulter can be imprisoned for two years and/or pay twice the amount in the cheque as fine. It is a non-cognizable offence. On June 8, 2020, the Ministry of Finance proposed that this section be decriminalized to reduce the burden of criminal liability on companies and unclogging court processes as there are lakhs of pending cheque dishonour cases. The main reason to increase banking operations efficiently and to ensure credibility of financial transactions through cheques because the Covid 19 pandemic has slowed down our economy.  Under the current law, the payee can file both a cri...
Read more