Since no special section in
the Indian Penal Code deals with acid attacks, the incidents are not even
recorded separately. Section 326 of the I.P.C, which deals with causing
grievous hurt by throwing of a corrosive substance etc. is insufficient/
inadequate to deal with the issue. Firstly, the definition of grievous hurt is
not broad enough to cover the various kinds of injuries which are inflicted
during acid attacks. Secondly, the section does not cover the act of
administering acid. Thirdly, the section gives a wide discretion to the courts
as far as punishment is concerned. The cases on acid attacks
in India show that normally inadequate punishment is awarded in these
cases. Fourthly, the section in the I.P.C does not punish the intentional act
of throwing of acid if no injuries occur. Lastly, the section also does not
specify who the fine should be awarded to. We also feel that if a person has
thrown or administered the acid on another person a presumption should be
raised against the person, who has thrown or administered the acid, that he has
done so deliberately.
ACID ATTACKS - A GHASTLY CRIME
Apart from the above we feel
that the distribution and sale of Acid should be banned except for commercial
and scientific purposes. Acid should be made a scheduled banned chemical which
should not be available over the counter. The particulars of purchasers of acid
should be recorded. We have also examined the various laws in different
countries relating to compensation for criminal injuries. While the U.K Act
provides for the setting up of a scheme, the Canadian statute sets up a
Criminal Injuries Compensation Board to dispense compensation to victims of
violence. The suggestion of the National Commission for Women for setting up a
board specifically for acid victims has also been examined by us. We however
feel that since not only victims of acid attacks but other victims of different
crimes also need compensation for rehabilitation, like victims of rape, a law
should be enacted to set in place Criminal Injuries Compensation Boards at the
Centre, State and District levels in our country.
1. We therefore propose that a
new section 326A be added to the Indian Penal Code. The proposed Section 326 A
will read as follows-
326 A. (i) Hurt by acid
attack- Whoever 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
administering acid to that person, with the intention of causing or with the
knowledge that he is likely to cause such injury or hurt, shall be punishable
with imprisonment of either description which shall not be less than 10 years
but which may extend to life and with fine which may extend to Rs. 10 Lakhs.
Provided that any fine levied under this section shall be given to the person
on whom acid has been thrown or administered.
CLASSIFICATION OF OFFENCE
Minimum Imprisonment of 10
years extendable upto imprisonment for life and fine–cognizable–
non-bailable—triable by court of session—noncompoundable. (ii) Intentionally
throwing or administering acid- Whoever throws acid on, or administers acid to,
any person with the intention of causing burns or maiming or disfiguring or
disabling or causing grievous hurt to that person shall be liable to
imprisonment of either description for a term not less than 5 years but which
may extend to 10 years and with fine which may extend to Rs. 5 Lakh.
CLASSIFICATION OF OFFENCE
1. Minimum Imprisonment
of 5 years extendable upto 10 years and fine– cognizable– non-bailable—triable
by court of session—noncompoundable.
2. We further propose,
for the reasons stated above, that in cases of acid attack a presumption be
incorporated in the Indian Evidence Act as Section 114B. The proposed Section
114B of the Indian Evidence Act shall read as under.
Section 114 B: Presumption as
to acid attack-If a person has thrown acid on, or administered acid to,
another person the court shall presume that such an act has been done with the
intention of causing, or with the knowledge that such an act is likely to cause
such hurt or injury as is mentioned in Section 326 A of the Indian Penal Code.
3. We propose that a law
known as “Criminal Injuries Compensation Act” be enacted as a separate Law by
the government . This law should provide both interim and final monetary
compensation to victims of certain acts of violence like Rape, Sexual Assault,
Acid Attacks etc. and should provide for their medical and other expenses
relating to rehabilitation, loss of earnings etc. Any compensation already received
by the victim can be taken into account while computing compensation under this
Act.
4. We further recommend
that the distribution and sale of acid be strictly regulated and the sale of
Acid across shop counters be banned.
(As described in the report of
justice AR. Lakshmanan, the Chairman, Law Commission of India)
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