What are the offences and punishments under this law?

Last updated on May 11, 2022

[Trigger Warning: The following content contains information on physical violence which some readers may find disturbing.

The crimes relating to acid attacks have been specified under the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973. Anyone can be punished for the crimes given below regardless of their gender. They are:

Throwing acid or attempting to throw acid

Throwing acid on a person and hurting them is a crime. The punishment for throwing acid is jail time of minimum 10 years that can be extended to life imprisonment along with a fine that is reasonable enough to meet the medical expenses of the acid attack survivor.1

Additionally, throwing or attempting to throw acid on a person is also a crime. The punishment is jail time of a minimum of 5 years and can be extended to 7 years, along with a fine.2

Helping someone throw acid

Helping someone throw acid is also a crime. Helping someone commit a crime is known as abetment under the law. The punishment for abetment is the same as the punishment for throwing1 or attempting to throw acid3 on another person.

Refusing to treat or provide free immediate treatment to an acid attack survivor

An acid attack survivor has a right to medical treatment and a hospital refusing to provide such treatment is a crime under the law. A complaint can be filed before the police against a person who refuses to treat the survivor.4

Besides the specific acid attack crimes in the Indian Penal Code, 1860, other crimes can also be implicated or written in the FIR or charge sheet by the police in the case of acid attacks. These include murder,5 attempt to murder,6 hurting someone with dangerous weapons,7 and causing grievous hurt.5

  1. Section 326A, Indian Penal Code, 1860.[][]
  2. Section 326B, Indian Penal Code, 1860.[]
  3. Section 326B, Indian Penal Code, 1860; Section 109, Indian Penal Code, 1860.[]
  4. Section 357C, Code of Criminal Procedure, 1973.[]
  5. Section 325, Indian Penal Code, 1860.[][]
  6. Section 307, Indian Penal Code, 1860.[]
  7. Section 324, Indian Penal Code, 1860.[]

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Survivors of acid attacks have the right to seek medical treatment, right to file a complaint and right to compensation.
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If you are a survivor of acid attack, you can approach the police, NCW, Sub-divisional Magistrate or any of the National Helplines mentioned herein.
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The law on acid attack protects all persons, regardless of their gender. Further, there are no specifications in the law in terms of the age of the survivor.
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