Introduction
The most vulnerable crime that can exist in any society is acid attack. This Crime is not only about the physical injury it is must more than that. I just make the victim a living dead body who is just living because her breath is not stopped . The victim’s dreams, ambitions every thing get destroyed at a single moment ,life gets totally destroyed just become mess which cannot be sorted out . This article is concerned about what acid attack is and how the landmark case of laxmi v U.O.I has brought out changes in present situation than earlier.
Acid Attack
Sec 326A and 326 B are the two sections in Indian penal Code 1860 which deals with acid attack earlier it was not in IPC and is inserted by Criminal Law (Amendment) Act 2013 . This is not only physical attack but makes the victim physically, psychologically and socially traumatized.
These section covers eight types of injury :-
- Permanent Damage
- Partial Damage
- Deformity
- Burns
- Maiming
- Disfigurement
- Disability
- Grievous hurt
Punishment under 326A – Simple or rigorous imprisonment for a term not less than 10 years which may extend to imprisonment for life and fine for a person who you by throwing or administering acid voluntarily causes permanent or partial damage or deformity to any part of the body of another or causes grievous hurt burns maiming disfiguring disabling any part of his body.
Punishment under 326 B – Imprisonment for either description for a term ranging between five and seven years with fine for the person who throws or attempt to throw acid or any corrosive substance on another or attempt to administer acid or corrosive substance to him or to use any other mean with the intention of causing permanent or partial damage , deformity , burns, maiming , disfigurement , disability or grievous hurt to that person.
Laxmi kant pandit v U.O.I & Ors. 2014 SCC 4 427
This is the land mark case which bring change in the society and laws . Laxmi who was teenage girl was victim of brutal acid attack as a result of her refusal to a man who was twice of her year old . She filed PIL for ban of sale of acid openly and this was first case after which acid attack victim compensation scheme was started. The Honourable Supreme Court , noticing that the Victim Compenstaion Scheme prepared in pursuance of section 375A of the CrPC by some States and Union territories is not enough So it ordered the State and Union territories that sum of Rs Three lack should be compensated to the victim one lack within fifteen days and other two lack in within two months . and in case of Mohd Haroon v UOI it was further stated that amount of three lakh is not a bar and should be given in accordance to the condition of victim and medical expense to be incurred.
Changes after Laxmi v U.O.I
Seeing the nature of crime Honourable Supreme Court issued the direction for the States and Union Territories which totally changed the situation from open sale of acid it was restricted sale or Tottally a ban for ill minded person to get it easily to destroy some one life.
Some set of direction was issued which Chief Secretaries of the States and Administrators of Union Territories has to follow with regard to sale of acid in State and Union Territories
- Register has to be maintained by seller which will include detail of buyer containg one photo id proof and address of the buyer .
- Seller can only sold acid if ther buyer tells the valid reason
- Detail of the stock of acid should be made to the. SDM in every 15 days.
- No sale of acid to the minor.
- If there is undeclared acid found with seller he can impose fine of 50k.
Educational institution keeping acid has to follow following rules:
- Register should be maintained and reported to SDM
- A person should be made accountable to safe keeping of acid
- That person should strictly monitor use of acid in laboratory
- SDM has all power in case of any breach of rules.
The directions was issued by the apex court to the States and Union Territories to be followed strictly seeing the seriousness of the crime . This was the positive change after the case of Laxmi v UOI and such directions was needed too take society a better place for living for everyone.
Conclusion
These are the laws in IPC 1860 which governs the acid attack in India . Originally there was no such provision but by the changing society the crime has also changed its form and heinous crime of acid attack made it to the insertion of these section in IPC . The brave girl Laxmi kant pandit who despite being a victim of acid attack did not loose her hope and currently a role model for many a film based on her life is also made named chappak . Her case not only bring positive change to the victim but also a safeguard to many girls from any such future incident.
About Author
Name- Yeshwant
College - Chanderprabhu Jain College of Higher Studies & School of Law
Course - BBA LL.B ( Second Year )
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