Indian criminal law | IPC and BNS

Section 326B IPC: Voluntarily Throwing or Attempting to Throw Acid

Section 326B of the Indian Penal Code, 1860 addresses throwing or attempting to throw acid and specified attempts intended to cause serious bodily injury. Learn its statutory definition, punishment and corresponding Section 124(2) of the Bharatiya Nyaya Sanhita, 2023.

Current legal position: The Bharatiya Nyaya Sanhita, 2023 (BNS) generally applies to offences committed on or after 1 July 2024. Section 124(2) BNS corresponds to Section 326B IPC. The IPC remains relevant for earlier offences subject to applicable savings and transitional provisions.

Original statutory text: Section 326B IPC

Voluntarily throwing or attempting to throw acid

Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.

Explanation 1.—For the purposes of section 326A and this section, "acid" includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability.

Explanation 2.—For the purposes of section 326A and this section, permanent or partial damage or deformity shall not be required to be irreversible.

The statutory provision and both explanations above are retained from the uploaded page, with only punctuation and formatting normalised for readability.

Meaning and essential ingredients of the offence

Section 326B IPC specifically targets the conduct of throwing or attempting to throw acid, attempting to administer acid, or attempting to use other means, with the intention of causing the serious injuries listed in the section. It is not necessary to establish that the intended permanent injury actually occurred in order to consider liability for the specified attempts.

Prohibited conduct: Throwing or attempting to throw acid on a person, attempting to administer acid, or attempting to use another means within the section.
Required intention: An intention to cause permanent or partial damage, deformity, burns, maiming, disfigurement, disability or grievous hurt.
Proof of attempt: The facts must show conduct that legally constitutes the relevant attempt; a mere unexecuted intention is not enough.
Evidence: Statements, forensic and medical material, recovery and identification of the substance, witnesses and other circumstances may be relevant.

What is an acid or corrosive substance?

The statutory meaning is broader than substances commonly labelled as chemical acids. Explanation 1 includes a substance of acidic or corrosive character or burning nature capable of causing bodily injury leading to scars, disfigurement or temporary or permanent disability. Whether a particular substance meets this definition depends on the evidence.

Explanation 2 clarifies that the relevant permanent or partial damage or deformity is not required to be irreversible. The law does not permit an accused to escape the provision merely because the resulting damage could potentially be treated or repaired.

Punishment under IPC Section 326B and BNS Section 124(2)

Under Section 326B IPC, the punishment is imprisonment of either description for a minimum of five years and a maximum of seven years, and liability to fine. Section 124(2) BNS carries the corresponding minimum and maximum imprisonment and fine liability.

Issue	Section 326B IPC	Section 124(2) BNS
Conduct	Throwing or attempting to throw acid, attempting administration or other specified means	Corresponding acid-throwing and attempt conduct
Required intention	To cause listed serious injuries	To cause listed serious injuries
Minimum imprisonment	Five years	Five years
Maximum imprisonment	Seven years	Seven years
Fine	Liable to fine	Liable to fine
General applicability	Earlier offences, subject to savings	Offences on or after 1 July 2024

Section 326A versus Section 326B IPC

Section 326A IPC covers causing the specified serious bodily injuries by throwing or administering acid or using other means, with the required intention or knowledge. It provides imprisonment for not less than ten years, extendable to life imprisonment, and a fine intended to meet the victim's medical expenses and paid to the victim.

Section 326B IPC separately punishes throwing or attempting to throw acid and the specified attempts with the required intention, carrying five to seven years' imprisonment and fine. Whether Section 326A, Section 326B or another offence applies depends on the act, injury and mental element proved.

Section 124 BNS: corresponding current provision

Section 124(1) BNS concerns causing the specified injuries by acid or other means; Section 124(2) BNS addresses throwing or attempting to throw acid and other specified attempts. The BNS provision also contains explanations concerning the meaning of acid and the reversibility of damage. The statutory provision applicable to an incident should be assessed by the date of the alleged act.

Victim treatment, compensation and reporting

Acid attacks may require immediate emergency medical attention. Victims may be entitled to medical treatment and compensation under applicable criminal-procedure provisions and victim-compensation schemes. For current cases, relevant provisions include Sections 396 and 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023 concerning victim compensation and treatment. Eligibility, procedure and relief depend on the facts and applicable scheme. A complaint may be made to police, and urgent assistance should not be delayed while determining the precise penal section.

Read Section 324 IPC on hurt by dangerous means, Section 326 IPC on grievous hurt by dangerous means, Section 320 IPC defining grievous hurt, and Section 326A IPC on acid-caused grievous injury.

Official statutory sources

India Code - Indian Penal Code, 1860 (Sections 326A and 326B).
India Code - Bharatiya Nyaya Sanhita, 2023 (official Act PDF) (Section 124).
Ministry of Home Affairs - criminal law notifications.
Gazette of India - enactments and commencement notifications.

Frequently asked questions

What is Section 326B IPC?

Section 326B IPC penalises throwing or attempting to throw acid, attempting to administer acid, or attempting other means with the intention of causing the specified serious injuries.

What is the punishment under Section 326B IPC?

Imprisonment of either description for not less than five years and up to seven years, with liability to a fine.

Which BNS section corresponds to Section 326B IPC?

Section 124(2) of the Bharatiya Nyaya Sanhita, 2023 addresses throwing or attempting to throw acid and the specified attempts.

Is permanent disfigurement necessary for Section 326B?

No. The offence covers the specified attempts with the requisite intention; the statutory explanation also states that permanent or partial damage or deformity need not be irreversible.

What does acid mean under these provisions?

The statutory definition covers substances of acidic or corrosive character or burning nature capable of causing bodily injury leading to scars, disfigurement or temporary or permanent disability.

What is the difference between IPC Sections 326A and 326B?

Section 326A addresses causing the specified injuries by acid or other means, while Section 326B addresses throwing acid or specified attempts with the requisite intention.

Disclaimer: This article is general legal information and does not replace case-specific legal advice. Consult the operative statute and current judicial interpretation for a particular matter.