Optional Grouping: Complaints & Compensation

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

The complaint can be filed by:

• The survivor of the acid attack
• A relative, friend or acquaintance
• Any person who has witnessed the crime
• Any person who knows such an attack is going to happen

The first point of contact for anyone who wants to complain about the crime is the police. It is not necessary that you must have all the information about the crime in order to file an FIR (First Information Report). But it is important that you report everything you know to the police. You can find out more about how to file an FIR here.

An FIR in itself is not a criminal case filed against someone. It is just information received by the police relating to the commission of a crime. A criminal case begins when the charge sheet is filed by the police before the court and a Public Prosecutor is appointed by the State.

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

The legal process following an acid attack is:

Step 1: File an FIR

A First Information Report (“FIR”) can be filed in the police station against the accused. This FIR can either be filed by the survivor, their family members, any person who has witnessed the crime, or any person who comes to know of the crime.

Since acid attack and throwing/ attempting to throw acid are cognizable offences under S. 326A and 326B respectively of the IPC, the police may arrest the accused without a warrant, where the police are of the opinion that the person is dangerous to be allowed to remain free. The person filing an FIR also has the right to get a free copy of the FIR.

Step 2: Police Investigation Starts

After the filing of the FIR, the police will investigate the complaint and submit a final report based on the investigation and witness statements. This investigation should be completed within a time span of 60 to 90 days, when the accused is in custody.(( Section 167, Code of Criminal Procedure, 1973.))

Step 3: Filing Charge Sheet and Trial Begins

Upon investigation, if the police are of the opinion that there is sufficient evidence of the crime being committed by the accused, they can file a charge sheet with a competent criminal court, requesting it to take notice of the case. This commences the trial process. If there is inadequate evidence, a closure report can be filed with the Magistrate to close the case. However, this may be challenged. Please take the help of a lawyer in the relevant district court for the trial process.

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

If you are a survivor of acid attack, you can approach the following authorities:

Police

You can approach the police to make a complaint. You can get in touch with the police by dialing the helpline number 100. The police will record the information about the crime in the FIR (First Information Report).

National Commission for Women

The National Commission for Women (NCW) is a national-level government organization that is empowered to investigate complaints related to issues faced by women. The NCW will help you by:

• Monitoring and expediting the investigations being led by the police.
• Monitoring acid attack cases with regards to prosecution of the accused, providing medical relief to survivors and payment of compensation to survivors through the system. This is done through the use of the MIS system.(( MIS for Assistance to Victims of Acid Attack, National Commission for Women, accessed at http://ncwapps.nic.in/MISforAcidAttackVictims/MonitoringAuthority/default.aspx.))
• Providing counselling or a hearing before the NCW. This is done to resolve disputes between the two parties.

You can get in touch with them by either calling the helpline number 1091, or sending an email to ncw@nic.in, or filing an online complaint. Further, you can also approach the State Commission of Women situated in your state, and ask them for help.

Sub-divisional Magistrate 

A person can also complain to the Sub-Divisional Magistrate (SDM) of the district as they have a responsibility to ensure the guidelines for acid attack are followed. These guidelines include information on sale of acid and role of shopkeepers while selling acid. They can also levy fines on shopkeepers breaching the rules laid down by the Supreme Court.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669.))

National Helplines

Some national helplines that you can contact are:

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

To seek compensation under the Victims Compensation Scheme,(( Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes 2018, National Legal Services Authority, accessed at https://wcd.nic.in/sites/default/files/Final%20VC%20Sheme_0.pdf.)) the procedure is:

Step 1: Filing an FIR

The survivor or someone on their behalf has to mandatorily report the acid attack crime by filing an FIR.

Step 2: Sharing FIR copy to Legal Services Authority

The station house officer (“SHO”), Superintendent of Police (“SP”) or the Deputy Commissioner of Police (“DCP”) of a police station has to mandatorily share a hard or soft copy of the FIR with the SLSA or DLSA.

Step 3: Application for compensation

The survivor, her dependents or relatives, or the SHO of the area concerned to the SLSA or DLSA can file an application for the award of an interim or final award of compensation. The application must be submitted in the format given under the Victim Compensation Scheme as Form -I. It must be filed with a copy of the FIR or criminal complaint and, if available, a Medical Report or Death Certificate. Further, the applicant must submit a copy of the judgement/ recommendations of the court, if the trial is over.

Step 4: Preliminary Investigation by Legal Services Authority

The SLSA or DLSA then begins the preliminary verification of the facts of the attack for granting compensation.

Step 5: Getting Compensation

The amount of compensation will be given by the SLSA or DLSA by depositing it in a Bank in the joint or single name of the survivor or dependent(s). In case the survivor does not have any bank account, the DLSA would facilitate opening of a bank account in the name of the survivor. In case the survivor is a minor in a child care institution, the bank account will be opened with the Superintendent of the institution as Guardian. However, in case the survivor is a foreign national or a refugee, the compensation will be given through cash cards.

To learn more on information on schemes in different states for survivors of violence, contact details of one-stop centres, protection officers and helpline numbers, check out the Nyaaya Map on Key Information for Survivors of Violence.

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

For crimes of acid attack, medical and rehabilitation facilities must be provided to survivors free of cost:

• They must be given free first aid and medical treatment.
• They must be provided with a medical certificate free of cost that may be used for further treatment in other hospitals.
• The police have to provide a complainant with a copy of the FIR, free of charge.
• Further medical treatment is usually paid for through the:
  • Fine amount imposed on the offender for committing the crime
  • The compensation from States and Union Territories under their respective Victim Compensation schemes, and;

Additional compensation from the victim’s compensation Fund(( Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes 2018, National Legal Services Authority, accessed at https://wcd.nic.in/sites/default/files/Final%20VC%20Sheme_0.pdf.))

The sale of acid in India is governed by two levels of regulatory mechanisms:

State-level Rules framed by the respective State and UT Governments

Various state and Union Territory governments have framed rules for the sale of acid,(( These rules have been framed under Section 2 of the Poisons Act, 1919, or under state-specific statutes (in the case of Chhattisgarh).)) including Chhattisgarh, Rajasthan, Karnataka,  Tripura, and Himachal Pradesh. These rules are broadly similar, and prescribe various requirements for shopkeepers selling acid:

1. Shopkeepers can only sell acid, or keep the same for sale, if they have a license issued by the relevant licensing authority. This may mean the District Magistrate, or any other officer appointed by the state government.
2. In case a shopkeepers’ license becomes invalid, they must sell the acid off to another license holder within 3 months. After this period, the licensing authority has to remove and destroy it.
3. Shopkeepers must exhibit a copy of the sale of acid rules of that state  at their place of business.
4. Shopkeepers must sell acid only from the premises that have been specified in the license. For example, if the acid can only be sold by a shopkeeper in one of his shops and not the others that are not mentioned in the license.
5. Shopkeepers must only sell acid to persons personally known to them, or those who produce a photo identity card with their address and substantiate the same with a legally valid address proof like an Aadhar card.
6. Shopkeepers must sell acid only after ascertaining the name, phone number, address, and the purpose for buying acid of the purchaser. They must maintain a register with the prescribed details of the acid sale transactions, including the name of the acid, quantity sold etc.
7. Shopkeepers must not sell acid to persons below 18 years of age.
8. Shopkeepers must store acid securely in a box/ room etc., with the word ‘poison’ marking the same, and ensure that only acid is stored there. They must sell poison only after securely packing and labeling the same.

If a shopkeeper does not follow these rules for the first time, the punishment is a jail term for up to 3 months, or with a fine of up to Rupees 500, or with both.(( Section 2 and 6, The Poisons Act, 1919; Section 15, the Chhattisgarh Regulation, Prohibition, Sale and use of Acid Act, 2013.)) For repeating the crime, the punishment is a jail term of up to 6 months, or with a fine of Rupees 1000, or with both. Hence, a criminal complaint or FIR can be filed against them for the illegal sale of acid. Such acid which is illegally stored will also be confiscated from the shopkeeper.(( Section 6(2), the Poisons Act, 1919.))

The Government of India has also framed Model Rules (the Poisons Possession and Sale Rules, 2013) for states and UTs to refer to while framing their respective rules. The Supreme Court has mandated states to make their rules as stringent as these Model rules.(( Laxmi v Union of India and Others, (2014) 4 SCC 427 [7].)) Further, the Court has repeatedly urged all states and UTs to frame rules to regulate the sale of acid and other corrosive substances,(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 11/2/2011; Id; Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015.)) and ensure the proper implementation of the same.(( Parivartan Kendra v. Union of India and others, (2016) 3 SCC 571 [12], [13].))

Rules by the Supreme Court

The Supreme Court gave guidelines about the sale of acid, to be followed in states which did not have state rules for sale of acid.(( Laxmi v. Union of India and Others, (2014) 4 SCC 427 [9]-[11].)) Under these guidelines, the shopkeepers must follow the following regulations:

• They can only undertake over-the-counter sale of acid, if they maintain a register with the details of the buyer, their address, and the quantity sold.
• They must only sell acid after the buyer shows a government issued photo ID with the address of the person, and specifies their reason for buying the acid.
• They must declare their stocks of acid within 15 days to the Sub-Divisional Magistrate (SDM) of the district.
• They must not sell acid to minors.

Under these Court guidelines, a person can also complain to the Sub-Divisional Magistrate (SDM) of the district as they have a responsibility to ensure the guidelines are followed and can levy fines on shopkeepers breaching the rules given above.