Theme: Acid Attack

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

An acid attack is the crime of hurting a person by throwing acid on them, administering acid(( 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.)) to that person or doing anything with acid with the intention or knowledge that it would harm the person. An acid attack may result in injuries to a person, in any part of the body, including(( The Scheme for Relief and Rehabilitation of Offences (by Acids) on Women and Children, 2009 National Commission for Women, accessed at http://ncwapps.nic.in/PDFFiles/Scheme_ACID_Attack.pdf.)):

• Permanent or partial damage or deformity to a person
• Burns on any body parts
• Maiming, dis-figuration or any form of disability of a person.

Even though the main definition of acid attack is given in the Indian Penal Code, 1860, the Law Commission of India has also defined an acid attack, as a form of violence against women where the perpetrator splashes a person or object with acid in order to deface or kill them.(( Proposal for the Inclusion of Acid Attacks as Specific Offences in the Indian Penal Code and a Law for Compensation for Victims of Crime, Law Commission of India No 226, 2008, accessed at https://lawcommissionofindia.nic.in/reports/report226.pdf.))

An acid attack can happen anywhere. Incidents of acid attack have frequently taken place at home, on the streets and even at work places.

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

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. Therefore, an acid attack, whether carried out on a person of any age is punishable under the law.(( Sections 326A and 326B, Indian Penal Code, 1860.)) The law also protects foreigners who are survivors of acid attack if it happens in India.(( Section 2, Indian Penal Code, 1860.))

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

Survivors of acid attacks have the following rights under the law:

Right to Seek Medical Treatment

A survivor of an acid attack has the right to seek medical treatment in both government and private hospitals. The Supreme Court issued guidelines for acid attack crimes where they said that:

• No hospital or clinic can refuse to treat acid attack survivors citing the lack of specialized facilities.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [34], [35].))
• Government and private hospitals have to provide survivors with first-aid and medical treatment free of cost.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [34], [35].))

The court has placed the responsibility for the treatment and rehabilitation of survivors on the state government.(( Parivartan Kendra v. Union of India and others, (2016) 3 SCC 571 [29].)) Additionally, it has expected states and union territories to take action against hospitals that refuse to treat acid attack survivors.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [34], [35].))

Right to File a Complaint 

Acid attack survivors also have the right to file a complaint against the perpetrator. The complaint can also be filed by the survivor’s relative, friend or acquaintance, any person who has witnessed the crime, or any person who comes to know of the crime. To see a list of other persons who can file the complaint, see here.

Right to Compensation

Acid attack survivors have the right to seek compensation from the state government. 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.)) that was drafted by the National Legal Services Authority, was approved by the Supreme Court in 2018. It provides for mandatory compensation for survivors of acid attacks as well as sexual crimes including sexual assault, murder, kidnapping etc. Apart from compensation under this scheme, the survivor receives the fine amount that the perpetrator pays for committing the crime which is charged by the Court.(( Section 357B, Code of Criminal Procedure, 1973.))

Various state governments have formed Victim Compensation Schemes for acid attack survivors. Keeping in mind that there is a lack of uniformity in the state schemes, and the amount of compensation specified in most of these schemes is too low, the Supreme Court stated that:

• The minimum amount of Rupees 3 lakh must be provided by the state government to every survivor.(( Laxmi v. Union of India and Others, (2014) 4 SCC 427 [13], [14].)) This is the minimum amount, and the state government can provide a higher amount, where necessary.(( Parivartan Kendra v. Union of India and others, (2016) 3 SCC 571 [20], [21].))
• Any compensation amount must factor in not only the survivor’s physical injuries but also their inability to lead a full life.(( Parivartan Kendra v. Union of India and others, (2016) 3 SCC 571 [20], [21].))
• The Chief Secretary/ Administrator of the state/UT concerned must ensure that this amount is paid.(( Laxmi v. Union of India and Others, (2014) 4 SCC 427 [14].))

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.

Given below are the list of State Victim Compensation Schemes in India:

[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.(( Section 326A, Indian Penal Code, 1860.))

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.(( Section 326B, Indian Penal Code, 1860.))

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 throwing(( Section 326A, Indian Penal Code, 1860.)) or attempting to throw acid(( Section 326B, Indian Penal Code, 1860; Section 109, Indian Penal Code, 1860.)) 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.(( Section 357C, Code of Criminal Procedure, 1973.))

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,(( Section 325, Indian Penal Code, 1860.)) attempt to murder,(( Section 307, Indian Penal Code, 1860.)) hurting someone with dangerous weapons,(( Section 324, Indian Penal Code, 1860.)) and causing grievous hurt.(( Section 325, Indian Penal Code, 1860.))

The crime of throwing or helping someone throw acid, is both cognizable and non-bailable.((  Sections 326A and 326B, Indian Penal Code, 1860.))

A cognizable offence is a crime for which a police officer can arrest the perpetrator without a warrant.((  Section 2(c), Code of Criminal Procedure, 1973.))

Non-bailable offence is a crime for which bail is not a right and the discretion lies with the court to either grant it or not. To learn more about bail in non-bailable offences, you can read our explainer on Bail for Non-Bailable Offences.

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

The medical process for the treatment of acid attack survivors is:

Step 1: First Steps and Immediate Treatment

The survivor should be rushed to the nearest hospital to receive immediate medical treatment. The treatment must be provided free of cost.(( Section 357C, Code of Criminal Procedure, 1973.)) First aid must be administered and the survivor needs to be stabilized. Legal action can be taken against any hospital that refuses to provide medical assistance to the survivor.(( Section 357C, Code of Criminal Procedure, 1973.))

Step 2: Medical Treatment of Survivor

Once the survivor has received primary treatment, they may then either be shifted to a specialized hospital for further treatment or treated in that same hospital, if they have the facilities to do so.

Step 3: Medical Certificate for Survivor

The hospital where the survivor is first treated should provide the individual with a certificate stating that the person is a survivor of an acid attack. This certificate may be used for treatment and reconstructive surgeries or any other state government or Union Territory schemes that the person may wish to avail of.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [37].))  Further, it must be attached to the application for claiming compensation under the Victims Compensation Scheme.