BNS Section 124 – Voluntarily causing grievous hurt by use of acid, etc

IPC Section – 326 A -326 B

Cognizable offence
(1) punishable with imprisonment for not less than ten
years but which may extend to imprisonment for
life and fine for voluntarily causing grievous hurt.
(2) punishable with imprisonment for five years, but
which may extend to seven years and fine for
voluntarily throwing or attempting to throw acid.

Voluntarily causing grievous hurt by use of acid, etc

(1) Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on 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 such injury or hurt or causes a person to be in a permanent vegetative state shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine: Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim:

Provided further that any fine imposed under this section shall be paid to the victim.

(2) 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 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 this section, permanent or partial damage or deformity or permanent vegetative state, shall not be required to be irreversible.

Voluntarily Causing Grievous Hurt by Use of Acid or Similar Means

1. What is the Offence?

This law addresses the act of causing grievous hurt by using acid or similar substances. It includes severe injuries such as burns, deformities, disabilities, or any harm that causes permanent or partial damage to the victim’s body.

2. Key Elements of the Offence

• Grievous Hurt:
  Grievous hurt includes injuries that cause:
  • Permanent or partial damage,
  • Disfigurement,
  • Incapacitation, or
  • A permanent vegetative state.
• Intent and Knowledge:
  The offender must either:
  1. Intend to cause grievous hurt, or
  2. Know that their actions are likely to result in grievous hurt.

3. Punishment for Causing Grievous Hurt by Acid

• Offence: Voluntarily causing grievous hurt by use of acid or similar means.
• Punishment:
  • Imprisonment: Not less than 10 years, which may extend to life imprisonment.
  • Fine: A “just and reasonable” fine must be imposed to cover the victim’s medical expenses.
    • The fine is paid directly to the victim to support their treatment.
• Type of Offence:
  • Cognizable: Police can arrest without a warrant.
  • Non-bailable: The accused cannot claim bail as a right.
• Court: The case will be tried by a Court of Session.

4. Punishment for Attempted Offence

• Offence: Voluntarily throwing or attempting to throw acid with the intent to cause grievous hurt.
• Punishment:
  • Imprisonment: Not less than 5 years, which may extend to 7 years.
  • Fine: A fine may also be imposed.
• Type of Offence:
  • Cognizable: Police can arrest without a warrant.
  • Non-bailable: The accused cannot claim bail as a right.
• Court: The case will be tried by a Court of Session.

5. Purpose of the Law

• Deterrent Effect:
  The law aims to deter acid attacks, which often have life-altering consequences for victims, especially women.
• Victim-Centric Approach:
  The law ensures that victims receive financial support for medical treatment through fines paid directly to them.

Summary of Offences and Punishments