Acid attacks, latest amendments in law

                              The acid throwing, also known as vitriol age  is the most vicious form of crime in the society. The acid melts the skin and even bones of the victim. Mostly Hydrochloric acid and sulfuric acid has been  used in acid attacks which is easily available in the market. There is a steep rise in cases of acid throwing in past few years and most of the victims are women. There was not any specific law in India to deal with such cases of acid attacks. The section 326 of the Indian Penal Code was not so effective in dealing with this heinous form of crime. The eighteenth law commission of India which was headed by Justice A.R. Lakshmanan proposed a new section 326A to be added in the Indian Penal Code and section 114B to be added in the Indian Evidence Act. The commission also proposed a new law for compensation to the victims of the acid attacks. 

                            On the basis of the recommendations of the Law Commission, the Government of India has added new sections of law in the  Criminal Law (amendment) Act, 2013 on acid attacks.  The following sections of the Indian Penal Code and Criminal Procedure Code have been amended and added :

Public servant disobeying directions under law : Whoever being a public servant :

• knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place for the purpose of investigation into any offence or any other matter or
•  knowingly disobeys, prejudice to any person, any other direction of the law regulating the manner in which he shall conduct such investigation or
• fails to record any information given to him u/s 154  CrPC in relation to offences punishable u/s 326A, 326B, 354, 354B, 370, 370A, 376, 376A, 376B, 376C, 376D, 376E or 509 of the Indian Penal Code shall be punished with punishment from six months to two years and fine (section 166A).

Punishment for non-treatment of the victim : Whoever being In charge of a hospital public or private whether run by Central Government, State Government, local bodies or any other contravenes provisions of sections 357C of the CrPC shall be punished with imprisonment up to one year or fine or both (section 166B).

Voluntarily causing grievous heart by use of acid etc. : Whoever causes permanent or partial damage to or deformity to  or burns or maims or disfigures or disable any part or parts of the body of the person or causes grievous heart by throwing acid 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 injury or hurt shall be punished with imprisonment from 10 years to life and with fine.

Provided that such fine shall be just and reasonable to meet the expenses of medical treatment of the victim and also any fine imposed shall be paid to the victim (section 326A).

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 by 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 from 5-7 years and fine (section 326B).

Amendment of section 154 CrPC : Proviso shall be inserted as if the is given by woman against whom an offence u/s 326A, 326B, 354, 354A, 354B, 354C, 354D, 376, 376A, 376B, 376C, 376D, 376E or 509 is alleged to have been committed or attempted such information shall be recorded by a woman officer and if victim is temporarily or permanently disabled, then information shall be recorded by a police officer at the residence of the person or at a place convenient to such person in the presence of interpreter or special educator as the case may be.The recording of such information shall be video graphed. The police officer shall get statement of the person recorded through Judicial Magistrate.

Compensation to the addition of fine : The compensation payable by the state government u/s 357A shall be in addition to the payment of fine u/s 326A or 376D of the Indian Penal Code (section 357B).

Treatment of Victims :All hospitals public or private whether run by Central Government, State Government, local bodies or any other person shall immediately provide the first aid or medical treatment, free of cost, to the victims of any offence u/s 326A, 376, 376A, 376B, 376C, 376D, 376E of the Indian Penal Code and shall immediately inform to the police of such incident (sections 357C).   

                         The Hon'ble Supreme Court of India has directed all the state governments and union-territories of India to frame rules to regulate sale of the acid and other corrosive substances and also increase the compensation amount.