If you are an Indian interested in cooking, you must have burnt yourself at least once while frying Puri or Pakodas. The extensively hot oil landing on skin hurts like anything, and the pain does not go away even with cold water or ointment – it keeps burning for a while. But at least you get to cherish those Puris or Pakodas….Right? Now imagine the pain of a person who is attacked with acid – for no such good cause. Sheer jealousy or enmity most of the time. And trust me, the attackers as well as victims can be both men and women. Causing grievous hurt by use of acid is an offence under the Bharatiya Nyaya Sanhita. The provision has been taken from the Indian Penal Code, which was not originally there but took a while for the Legislature to acknowledge as a separate crime. Let’s explore more about acid attack as an offence under BNS 2023.
What is Acid Attack?
Though the meaning is very well understandable by laymen – attacking someone with acid. What’s important is to understand exactly what acid is. Is it just a particular composition – the well known acids like Hydrochloric Acid (HCl) or Sulphuric AcidH2SO4? Well, the explanation to Section 124 of Bharatiya Nyaya Sanhita explains that acid means any substance with an acidic or corrosive character or burning nature. The said substance should be capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability.
Causing Grievous Hurt by use of Acid
Section 326A of the Indian Penal Code made grievous hurt caused by acid attack punishable. Since New Criminal Laws are in force, causing grievous hurt by use of acid is an offence under Section 124 of the BNS 2023. It states the act which is punishable – harm caused, and even the attempt to cause harm using acid or such substance. The same has been explained below:
Permanent or Partial damage after Acid Attack
Section 124 (1) of BNS states the punishment for acid attack that causes grievous hurt as in 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. It may be noted that for causing grievous hurt by use of acid to be an offence under section 124 of BNS, the person should have the intention or knowledge that the act would cause such injury or damage.
The explanation to the provision clarifies that the permanent or partial damage or deformity or permanent vegetative state does not need to be irreversible for Acid Attack BNS punishment.
Acid Attack or its Attempt
While Sub-Section (1) to Section 124 makes causing grievous hurt by use of acid is an offence, Section 124(2) punishes the acid attack. In fact, the attempt to causing grievous hurt by use of acid is an offence under Section 124(2). The provisions punishes the act of throwing or attempting to throwing acid on any person or attempting to administer acid to any person, or attempting to use any other means. In addition, there should be intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt.
Acid Attack BNS Punishment
The punishment for serious outcomes of causing grievous hurt by use of acid attack as provided under Section 124(1) of BNS is punishable with nothing less than 10 years of imprisonment. However, it may extend to life imprisonment as well. The provision also lays out a fine which should be just and reasonable to meet the medical expenses of the treatment of the victim and payable to the victim only.
The attempt to causing grievous hurt by use of acid is an offence under section 124(2) punishable with minimum imprisonment of 5 years. The same is extendable to 7 years, along with fine. Here, there is no specification of the said fine to be dedicated to the victim’s medical treatment.
Private Defense against Acid Attack
The Bharatiya Nyaya Sanhita has specific provisions wherein private defense is discussed. It means causing hurt to someone in grave danger to body or property. Section 38 of the BNS states when right of private defence of body extends to causing death. Clause (g) of Section 38 extends the right to cause death in case of acid attack.
The provisions reads as:
“The right of private defence of the body extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:—
………….(g) an act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act.”
Thus, when a person apprehends being attacked with acid, he/she may cause death of the attacker while saving themselves or another person.
Two Words
Acid Attack is a gruesome offence, not just hurting the superficial skin, but the soul of the victims. Acid attack survivors have to relive the incident every time they look at themselves in the mirror. While we have studied that causing grievous hurt by use of acid is an offence under section 124 of BNS, and was an offence under Sections 326A and 326B of IPC, it was not there originally. It was a fruit of Criminal Law (Amendment) Act, 2013, with several lives screaming for a change in laws.
It was in 2005 when Laxmi Aggarwal, a 15 year old girl was attacked with acid by 3 people. The reason was refusal to a marriage proposal, a fake damage to someone’s ego who took charge of causing permanent scars upon the soul of that so-called “love”. She had to undergo several operations to recover. However, the attack did not stop her, but began another fight in the Court for ban or restricted sale of acid. She is a powerful voice, and is a symbol of encouragement for other acid attack survivors.
