Indian criminal law | Acid attack offences
Section 326A IPC: Voluntarily Causing Grievous Hurt by Use of Acid
Section 326A of the Indian Penal Code, 1860 addresses serious acid-related injuries and provides a minimum sentence of ten years, potentially extending to life imprisonment, together with a victim-directed fine. The corresponding current provision is Section 124(1) of the Bharatiya Nyaya Sanhita, 2023.
Section 326A IPC: Original statutory provision
Voluntarily causing grievous hurt by use of acid, etc.
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:
Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim:
Provided further that any fine imposed under this section shall be paid to the victim.
The statutory text above preserves the three substantive paragraphs supplied in the original page, with punctuation standardized for readability.
Statutory explanations and the meaning of acid
Explanation 1 to Section 326B IPC supplies the meaning of acid for the purposes of Sections 326A and 326B: it includes any substance with an acidic or corrosive character or burning nature capable of causing bodily injury leading to scars, disfigurement, or temporary or permanent disability.
Explanation 2 clarifies that permanent or partial damage or deformity need not be irreversible. Consequently, the absence of an irreversible injury does not by itself rule out the offence if the statutory conditions are established.
Essential ingredients of Section 326A IPC
- Act and means: Throwing or administering acid, or using other means contemplated by the provision.
- Specified injury: Permanent or partial damage or deformity, burns, maiming, disfigurement, disability, or grievous hurt to the person.
- Mental element: Intention to cause the specified injury or knowledge that such injury or hurt is likely.
- Causation: Evidence linking the act to the injury.
Medical documentation, photographs, witness accounts, chemical or forensic findings and the circumstances surrounding the act can be relevant. The offence must be established on the evidence; the nature of the substance or injury alone does not automatically prove intention or knowledge.
Corresponding current law: Section 124 BNS
Section 124(1) BNS addresses causing grievous hurt by use of acid and substantially carries forward the specific acid-attack offence. It provides imprisonment of not less than ten years, extendable to life, and fine, with the statutory direction concerning medical expenses and payment to the victim.
Section 124(2) BNS separately addresses throwing or attempting to throw acid, or attempting to administer acid or use other means, with the specified intention of causing the injuries described in subsection (1). The corresponding earlier provision is Section 326B IPC.
| Subject | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
|---|---|---|
| Completed acid-related grievous injury | Section 326A | Section 124(1) |
| Imprisonment for completed offence | At least 10 years; may extend to life | At least 10 years; may extend to life |
| Fine for completed offence | Mandatory; reasonable for treatment and payable to victim | Mandatory; corresponding victim-oriented provisions |
| Attempt to throw or administer acid | Section 326B: 5 to 7 years and fine | Section 124(2): 5 to 7 years and fine |
| General commencement | Earlier offences, subject to savings | 1 July 2024 onward |
Medical treatment, fine and compensation
Under Section 326A IPC, the court-imposed fine is intended to meet the victim's medical expenses and is payable to the victim. This is distinct from other statutory mechanisms for compensation and treatment. The Bharatiya Nagarik Suraksha Sanhita, 2023 includes provisions on victim compensation and treatment of victims in Sections 396 and 397, respectively. The precise entitlement and procedure depend on the applicable law and facts.
Victims may also seek assistance from the police, hospital authorities and the relevant State or District Legal Services Authority. Emergency medical care should not be delayed while legal steps are being considered.
Difference from Sections 324, 325 and 326 IPC
Section 324 IPC addresses hurt caused by dangerous weapons or means; Section 325 IPC concerns the general punishment for voluntarily causing grievous hurt; and Section 326 IPC addresses grievous hurt by dangerous weapons or means. Section 326A is a specific offence addressing the severe injuries described in the acid-attack provision, with its own sentencing and victim-related safeguards.
Official legal references
- India Code — Indian Penal Code, 1860, Sections 326A and 326B.
- Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) — Section 124.
- India Code — Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 396 and 397.
- Ministry of Home Affairs — criminal law commencement and notifications.
Frequently asked questions
What is the punishment under Section 326A IPC?
Imprisonment for not less than ten years, which may extend to imprisonment for life, and a fine. The fine must be just and reasonable to meet the victim's medical treatment expenses and must be paid to the victim.
Which BNS section corresponds to Section 326A IPC?
Section 124(1) of the Bharatiya Nyaya Sanhita, 2023 deals with causing grievous hurt by use of acid and related means.
Is a completed acid attack different from an attempt?
Yes. Section 326A IPC covers the specified resulting injuries, while Section 326B IPC separately addresses throwing or attempting to throw acid with the requisite intent. The BNS addresses the corresponding conduct in Section 124(1) and 124(2).
Does the victim receive the fine?
Under Section 326A IPC, the statutory proviso directs that any fine imposed under that section be paid to the victim. Other statutory compensation and medical-treatment provisions may also apply.
Must the injury be permanent?
No. The provision expressly covers permanent or partial damage or deformity, burns, maiming, disfigurement, disability or grievous hurt, subject to the statutory mental element.
Does the BNS apply to an offence committed before July 2024?
The BNS generally came into force on 1 July 2024. Offences committed earlier are ordinarily assessed under the IPC, subject to applicable saving and transitional provisions.
Disclaimer: This article provides general legal information. For an individual case, consult the statutory text, applicable commencement provisions and a qualified legal professional.