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SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 1 Thursday, November 28, 2024

Printed For: KSLU Library, Karnataka State Law University
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
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9 CPJLJ (2019) 46
Acid Attack in India: The Law and Legal Strategies to Combat Violence Against
Women
ACID ATTACK IN INDIA: THE LAW AND LEGAL STRATEGIES TO COMBAT VIOLENCE
AGAINST WOMEN
by
Praveen Malik*
Abstract
Acid Attack has emerged as the contemporary form of violence which is generally
targeted against women with the intention of deforming her face and body and even to
kill her. Increasing number of acid attacks over the years have created an alarming
situation which needs to be redressed. Rejection of love or marriage proposals, refusal
to pay dowry, rejection of sexual advances are some of the motivation behind the
commission of such heinous offence. This paper explains the various physical,
psychological and socio-economic consequences which ensue upon the victims of the
acid attack and make their life worse than death. Furthermore, the paper delineates
the various legal provisions to combat the menace of acid attack and how the recent
amendments have changed the Indian legal system with respect to acid attacks.
Efforts have been made in this paper to highlight the deficiency in the role played by
the judiciary and police while dealing with acid attacks. Towards the end, the author
has tried to give certain suggestions that might prove helpful in curtailing the perils of
such attack.
Keywords: Acid Attack, Violence, Dowry, Indian Legal System, Judiciary.
Introduction
“Violence against women is a manifestation of historically unequal power
relations between men and women, which have led to domination over and
discrimination against women by men and to the prevention of the full
advancement of women.”1
There is a wide spread violence against women around the world, based on
considerations of their sex alone. Acid attack is one such manifestation of violence
against women which is becoming a growing phenomenon in India. Though acid attack
is a crime which can be committed against
Page: 47
any man or woman, it has a specific gender dimension in India. Most of the reported
acid attacks have been committed on women, particularly young women for spurning
suitors, for rejecting proposals of marriage, for denying dowry etc. The reason behind
this is that, the attacker cannot bear his rejection, loss of honour and shame,
insecurity, jealousy, aggression and frustration; his so-called male ego comes in
between all this, and as a result he takes revenge by destroying the body, specially
the face of the women who dared to refuse him. It leaves the victim charred, blinded,
and mutilated, it melts human flesh and even bones, causing excruciating pain and
terror and scarred for the rest of their lives. A woman burnt by acid is like a living
corpse. Those who commit such vengeful acts seek to sentence the victims to a plight
worse than death.
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Acid attack,2 more formally known as vitriol age, is an act of intimate terrorism that
involves the premeditated throwing of sulfuric, nitric, or hydrochloric acid onto another
with the main intention of disfigurement.3 These acids are mainly used as they are
cheaply and readily available. Rampant sale of acid, without taking or asking for any
proper documents during the time of sale, is seen to be the main reason of this crime
being spread like a fire. This sadistic, cruel and heinous crime is on rise now-a-days
and innocent girls and women are becoming victims of acid attack. Acids have been
thrown usually by the medium of moving motor cycles or on public roads, as it
provides the easiest medium of escape even in broad day light. Therefore, acid
throwing4 is an aggressive crime growing rapidly by which the person doing the crime
seeks to inflict severe mental and physical trauma on the innocent victim. Women in
different parts of India have been facing acid attacks from men for several reasons, as
a result lives of many women have been destroyed.
Thus, it can be said that men resort to acid attacks as a means to intimidate women
and to impose their authority on her. Such kind of attacks nurtures his male ego and
makes him feel that he is living up to the image of man created by the patriarchal
society.
Page: 48
Meaning and Definition of Acid Attack

Acid throwing is called an acid attack. Defined as the act of throwing acid or a
similarly corrosive substance on to the body of another within the intention to
disfigure, maim, torture, or kill. The research conducted by UNICEF reveals, “Acid
attack is a serious problem all over the world, even children are becoming victims of
acid attack in many cases. In an Acid attack, acid is thrown at the face or body of the
victim with deliberate intent to burn and disfigure. Most of the victims are girls, many
below the age of 18, who have rejected sexual advances or marriage proposals”.5 Acid
attack or vitriol age is defined as the act of throwing acid onto the body of a person
“with the intention of injuring or disfiguring [them] out of jealousy or revenge”.
Aim of most acid attacks is not to kill, but to disfigure and debilitate, something
more brutal than murder. In such cases, the perpetrator wants the victim to live and
suffer physically and emotionally for the rest of their life.6 These attacks are used as a
weapon to silence and control the victim by destroying what is constructed as the
primary constituent of their identity, i.e., their body.
Thus, acid throwing is an extremely violent crime by which the perpetrator of the
crime seeks to inflict severe physical and mental suffering on his victim. As stated
above this kind of violence is often motivated by deep-seated jealousy or feelings of
revenge against a woman. The acid is usually thrown at the victim's face. The
perpetrator wants to disfigure the victims and turn them into a monster. Perpetrators
of the crime act cruelly and deliberately. Acid violence is a premeditated act of
violence as the perpetrator of the crime carries out the attack by first obtaining the
acid, carrying it on him and then stalking the victim before executing the act.7
Furthermore, an acid attack has long-lasting consequences on the life of the victim
who faces perpetual torture, permanent damage and other problems for the rest of her
life. Victims normally feel worthless, afraid and modified and become social outcasts
because of their appearance. They may become too traumatized and embarrassed to
walk out of their house and carry out simple tasks let alone get married, have children,
get a job, go to school, etc. Even if they are willing to pursue a normal life,
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Page: 49
there is no guarantee that society itself will treat them as normal human beings given
their appearance and disabilities after an attack. They may not be able to work, or be
able to find a job, and thus perpetually struggle to survive.
Consequences of Acid Attack

Acid attack victim faces long-term consequences, after the attack, their life style
changes completely in one day, even their loved one's also start ignoring the acid
attack victims. Due to their horrific physical appearances, the society also looks at the
acid attack victims as an alien. Acid attack victims itself feel worthless and
embarrassed to come out from their houses due to their drastic changes in their
appearance, their remaining life is ruined after such incidences. After that attack they
are not able to work due to their deformities, they do not get job opportunities as it is
difficult for them to survive in society. Damage caused by acid attacks was irreparable
and it affect the victim woman both physically and psychologically.
Physical Consequences
Acid eats through two layers of the skin, i.e. the fat and muscle underneath, and
sometimes not only eats through to the bone but it may even dissolve the bone. The
deepness of injury depends on the strength of the acid and the duration of contact
with the skin. Burning continues until the acid is thoroughly washed off with water.
Thrown on a person's face, acid rapidly eats into eyes, ears, nose and mouth. Eyelids
and lips may burn off completely. The nose may melt, closing the nostrils, and ears
shrivel up. Acid can quickly destroy the eyes, blinding the victim. Skin and bone on
the skull, forehead, cheeks and chin may dissolve. When the acid splashes or drips
over the neck, chest, back, arms or legs, it burns everywhere it touches. The biggest
immediate danger for victims is breathing failure.8 Inhalation of acid vapors can create
breathing problems in two ways: i.e. by causing a poisonous reaction in the lungs or
by swelling the neck, which constricts the airway and strangles the victim. When the
burns from an acid attack heal, they form thick scars which pull the skin very tight and
can cause disfigurements. For instance, eyelids may no longer close, the mouth may
no longer open; and the chin becomes welded to the chest. The victim may require
many operations over a period of two to three years.
Page: 50
Social and Economic Consequences

Victims face a lifetime of discrimination from society and they become lonely. They
are embarrassed that people may stare or laugh at them and may hesitate to leave
their homes fearing an adverse reaction from the outside world.9 Victims who are not
married are not likely to get married and those victims who have got serious
disabilities because of an attack, like blindness, will not find jobs and earn a living.
Discrimination from other people, or disabilities such as blindness, makes it very
difficult for victims to fend for themselves and they become dependent on others for
food and money.
Psychological consequences
Victims of attacks do not only undergo severe physical trauma but also undergo
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traumatic changes in the way they feel and think. Psychological trauma is caused by
both the terror victims suffer during the attack, as they feel their skin burning away,
and after the attack by the disfigurement or disabilities that they have to live with for
the rest of their lives. Victims suffer psychological symptoms such as depression,
insomnia, nightmares, fear about another attack and/or fear about facing the outside
world, headaches, weakness and tiredness, difficulty in concentrating and
remembering things, etc. They feel perpetually depressed, ashamed, worried, and
lonely. Victims suffer severe psychological symptoms for years, if not forever, because
they are reminded every day of their physical scars. The feeling of lack of hope and
worth may never leave them. 10
Thus the consequences of an acid attack handicap the victim in almost every
possible way. An attack of this nature not only leaves the victim grotesquely disfigured
but also traumatized for the rest of her life. It becomes extremely difficult to cope with
life after an acid attack. The victim loses her identity and becomes socially isolated.
Legal Scenario with Respect to Acid Attacks
The United Nations General Assembly passed the Declaration on the Elimination of
Violence against Women in 1993. India has ratified this Declaration and is under an
obligation to implement the same. Article 4(f) of this declaration recommends member
states to develop preventive
Page: 51
approaches for violence against women by legal measures.11 This article would further
suggest that the quantum of compensation being awarded to the victims of such
gruesome and inhuman crime is negligible. There should be separate provisions for
granting exemplary damages to the victims of such crime. Furthermore, The CEDAW
Committee has also recognised that states must act with due diligence to prevent
violations of human rights. Under Article 253 of the Indian Constitution the Parliament
has the power to make laws to give effect to these international agreements.
Therefore, it can be said that India has an obligation to effectively curb the menace of
vitriol age.
Initially there was no specific provision to deal with the menace of vitriol age. The
perpetrators of these offence were charged for causing hurt12 or grievous hurt using
dangerous weapons or means. Causing grievous hurt invites the maximum
punishment of life imprisonment and the charge of hurt invites the maximum
punishment of three years. But these provisions were insufficient to deal with the
perils of acid attack. There are three main reasons behind the same - i) the definition
of grievous hurt as given under the Penal Code, 1860 is not inclusive of certain
circumstances of acid attack as the definition clearly specifies and defines the nature
of injuries which constitute the offence of grievous hurt. Grievous hurt13 has been
defined as emasculation of the victim's reproductive and sexual organs, permanent
privation of the sight of either eye, permanent privation of the hearing of either ear,
privation of any member or joint, the destruction or permanent impairing of any
member or joint, permanent disfiguration of the head or face, fracture or dislocation of
a bone or a tooth, and any hurt that endangers life or which causes the sufferer to be
during the space of 20 days in severe bodily pain, or unable to follow [her or his]
ordinary pursuits.
Therefore, if the perpetrator of acid attack causes only skin damage to the victim
with no substantial damage to the other organs, it would not come within the pigeon
hole of grievous hurt. Moreover, if no irreversible damage is caused to the victim it
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would not come within the purview of grievous hurt. ii) the definition of grievous hurt
does not subsume the contempt, sympathy and stigma that the victims of acid
violence face and nor does it take into consideration the loss of earning capacity of the
victim. iii) if the accused was not charged under grievous hurt, he
Page: 52
was penalised under the offence of causing hurt. But causing hurt only invites a
meagre punishment of three years which is very inconsequential as compared to the
heinous consequences which the victim of acid attack has to face. Whether to charge
the perpetrator of acid attack with grievous hurt or with hurt was a very debatable
issue and left a void for enactment of new laws to tackle with this grave situation.
Furthermore, it was also pertinent to note that there was a lacuna in the existing law
as there was no provision penalizing attempt to throw acid. In light of steep increment
in such incidents, there was an urgent need to enact effective, efficacious and specific
legislation on the issue of acid attacks.
Lacuna in the Penal Code, 1860

Penal Code, 1860 has provided relief to the victims of acid attack under Sections
320, 322, 325 and 326. But it is seen that these sections do not fulfill the gravity that
is required for the seriousness of these offences. Moreover, the term “acid attack” is
not defined anywhere, and the provisions also restrict them to corrosive substances.
The definition of grievous hurt’ as given under Section 326 of the India Penal Code is
not inclusive of certain circumstances of acid attack as the definition clearly states the
injuries that constitute grievous hurt. Therefore, if the perpetrator causes only skin
damage to the victim of acid attack, with no substantial damage to other organs, it
would not come under the ambit of grievous hurt. Further no provisions are there if
there is a loss of income of the victim. Now if the accused is not charged under
grievous hurt, then it will fall under hurt, which in turn invites a minimal punishment
of three years imprisonment which is very inconsequential to the huge loss suffered by
the victim. Further there was also a lacuna that, there was no provision for penalizing
the accused for throwing acid. In light of the above discussion, it was felt that there
was a need to enact an effective, efficacious, and specific legislation on the issue of
acid attack and to cover all the loopholes that was present in the old existing law.
The Criminal Amendment Act, 2013 which was passed on the recommendations of
the Verma Committee Report, brought into light the seriousness to deal to this acid
attack offence. It inserted two new sections i.e. Sections 326A and Section 326B in
the Penal Code, 1860. Therefore, the new amendment is a welcoming step towards
reining in this crime. For the purpose of rehabilitation, victims may also be given
compensation as under Section 357A of the Criminal Procedure Code, 1973. Another
laudable step which has been brought by the Criminal Amendment Act, 2013 was the
inclusion of Section 357C to the Code of Criminal Procedure. It states that all
hospitals, public or private, whether
Page: 53
run by the Central Government, the State Government, local bodies, shall immediately
provide first-aid or medical treatment, free of cost to the victims of any offence
covered under Sections 326A, 376, 376A, 376B, 376C, 376D or 376E of the Penal
Code, 1860, and shall also inform the police immediately.
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A new direction was given to the movement against acid attack by the Criminal Law
(Amendment) Act of 2013 which also enunciated the importance of bringing in
provision to deal with gravity of this offence. Section 326A penalises voluntarily
causing grievous hurt by use of acid, etc. It states - 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, 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. Furthermore, Section 326B also penalises the attempt to
throw acid. It states 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 section 326A and 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 section 326A and this section,
permanent or partial damage or deformity shall not be required to be irreversible.
Therefore, the new amendment is a welcoming step towards reining in this crime. For
the purpose of rehabilitation victims may also be given compensation under Section
357A of the Code of Criminal Procedure, 1973 which provides for victim compensation
scheme. Another refreshing step which has been brought about by the Amendment
Act, 2013 has been integration of Section 357C to the Code of Criminal Procedure
which came into effect on February 3, 2013. The Section states that all hospitals,
public or private, whether run by the Central Government, the State Government, local
bodies or any other person, shall immediately, provide the first-aid or medical
treatment,
Page: 54
free of cost, to the victims of any offence covered under section 326A, 376, 376A,
376B, 376C, 376D or section 376E of the Penal Code, 1860, and shall immediately
inform the police of such incident. This Section is testimony to the fact that the
Government is trying to provide proper first aid and medical healthcare facilities to the
victims of acid attack.
Role of Police and Judiciary

The investigation agency i.e. the police should plat a proactive and pivotal role to
curb criminals and crime. But in India this concept occurs in only pen and paper. The
action that the police take is inadequate and insufficient, especially when it comes to
tackle or stop the violence against women. For example, one of the most common
responses of police with respect to violence against women is that it is victim-
precipitated.14 They keep asking all sorts of irrelevant questions like about the dress
code, why roaming in the darkness etc., thereby increasing the trauma of the victim.
They are insensitive in their bahaviour to deal with the victims of rape and other sorts
of violence, inspite of Supreme Court's strict guidelines on the issue. Acid victims also
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feel reluctant to report acid attacks because they fear the harassment and the ridicule
from the police officers. Officers may frame acid violence investigations in terms of a
women's sexual history and questions of morality.15 Several acid attack victims
reported that their attackers bribed the police in order to influence the investigation.
In order to deal with the insensitivity of the police officers in cases of violence against
women, Criminal Amendment Act, 2013 introduced a proviso in Section 154 with deals
with the recording of the First Information Report. According to this provision, in cases
of violence against women, statement of the victim should be recorded before a
women police officer. But there are very less of women police officers in the
Department. Women police officers should also be trained to deal with the matter
sensitively. Moral training should also be emphasized. They should be taught the value
of their job, to not only fight against crime, but also to help the fellow citizens.
Before the passing of the Criminal Amendment Act, 2013, the persons accused of
acid attack were not heavily punished, rather they were booked under hurt which
invited a minimum punishment of 3 years, moreover they were also released on bail
easily. Adequate compensation was also not paid to the victims. In Ravinder Singh v.
State of Haryana,16 acid was
Page: 55
poured on a woman by her husband for refusing to give her divorce. The husband was
involved in extra-marital affair. Due to this attack the victim suffered multiple acid
burns on her entire body, which later led to her death. The accused was charged under
Section 307 of the IPC. However, life imprisonment was not imposed even though the
victim died. In Syed Shafique Ahmed v. State of Maharashtra,17 a personal enmity
with his wife was the reason behind a gruesome acid attack by the husband on his
wife as well as another person. This caused disfiguration of the face of both the wife as
well as that of the other person and loss of vision of right eye of the wife. The accused
was charged under Sections 326 and 324 of the IPC and was awarded Rs. 5000 as fine
and 3 years imprisonment. This case again shows that the punishment that is often
awarded does not take into account the deliberate and gruesome nature of the attack
and rests on the technicalities of injuries. This shows the callousness and insensitive
nature of the judiciary. But time has changed, and after the case of Laxmi Agarwal,
wherein a PIL was filed in the Supreme Court, the Court also laid down some
important guidelines, which are listed below:
• Counter sale of acid is completely prohibited, until and unless the seller maintains
a register which contains the name of the buyer.
• No acids should be sold to a person who is below 18 years of age. Proper ID card
should be shown by the buyer at the time of purchasing the acid.
• All the stock of acids should be declared by the seller with the concerned Sub-
Divisional Magistrate within a period of 15 days. If it is not declared, then the
goods will be confiscated by the Sub-Divisional Magistrate and a fine of Rs.
50000 will be inposed on him.
• The acid victim should be given a compensation of atleast 3 lakhs from the
concerned State/Central Government as the after care and rehabilitation cost. Of
this amount, a sum of Rs. 1 lakh shall be paid to the victim within 15 days of
occurrence of such incident to facilitate immediate medical attention and the rest
2 lakhs must be given within two months as early as possible.
The role of judges is also immense. He should see that the cases are expediously
settled down and proper relief is given to the victims. Indian judiciary has come a long
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way to tackle acid attacks but the problem still
Page: 56
persists. Only time will change the mindset of the people. Therefore, from the above
discussion it can be concluded that, though pertinent laws on acid attack are
prevalent, but they bear no fruits without any effective implementation machinery. For
a law to be effective, all the organs of the state need to work efficiently hand in hand,
otherwise the pains and sufferings of the victims will be everlasting.
Conclusion
Acid attack is possibly one of the most heinous crimes which a human being can
commit. It takes an elaborate degree of sadism and depravity to indulge in something
as cruel and inhuman. The criminal justice system needs to be stricter in its handling
of acid attack cases. The Government of India is taking some positive proposal on the
acid attack victims which are a welcome sign which would add upon the objectives of
the Criminal Justice System. The compensatory Jurisprudence should also include
within its preview the accidental victims of acid attack. The distribution and sale of
acid should be banned except for commercial and scientific purposes. Acid should be
made a scheduled banned chemical which should not be available over the counter.
The particulars of purchasers of acid should be recorded. The concept of Restorative
Justice should be effectively implemented in the justice system. The idea of restorative
justice is emerging as an answer to these issues. Justice has to necessarily move from
retributive and deterrent to Restorative. Restorative justice is fundamentally
concerned with restoring relationships, with establishing or re-establishing social
equality in relationships. At a more concrete level, restorative justice “involves the
victim, the offender, and the community in a search for solutions which promote
repair, reconciliation and reassurance.”
———
*
Assistant Professor of Law, CPJCHS & SoL, can be reached at: [email protected], Mobile: 9996785092.
1The United Nations Declaration on the Elimination of Violence against Women, General Assembly Resolution,
December 1993.
2Section 3(b) of Scheme for Relief and Rehabilitation of Offences (By Acids) on Women and Children - National
Commission for Women, defined acid attack as “any act of throwing acid or using acid in any form on the victim
with the intention of or with knowledge that such person is likely to cause to the other person permanent or
partial damage or deformity or disfigurement to any part of the body of such person.”
3 Jane Welsh, It was like burning in hell. A comparative study of Acid Attack, Department of Anthropology.
4
Acid shall mean and include any substances which have the character of acidic or corrosive or burning nature
that is capable of causing bodily injuries leading to scars or disfigurement or temporary or permanent disability.
5 http://www.unicef.org/india/United_Nations_Secretary.doc.
6 Parvathi Menon, Sanjay Vashishtha, Vitriolage and India - The Modern Weapon of Revenge.
7
Sujoy Dhar, India's acid attack victim (2013, August 20) The Global Times, (Retrieved from
http://www.globaltimes.cn/DesktopModules/DnnForge%20%20NewsArticles/Print.aspx?
tabid=99andtabmodulid=94&articleid=805020&moduleid=405 and Portal Id=0).
8 Dr. Harish Verma. (2012). Acid Violence against Women and its Socio-Legal Implications: The Indian
Perspective, Civil and Military Law Journal, 48(3), 197-207.
9 Ibid.
10
NCW Report retrieved from http://ncw.nic.in/pdfreports/gender%20sensitization%20of%20police%
20officers.pdf.
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11 Declaration on the Elimination of Violence Against Women, G.A. Res. 48/104, U.N. Doc. A/RES/48/104
(February 2, 1994).
12 Section 324 of the Penal Code, 1860.
13
Section 326 of the Penal Code, 1860.
14 Supra note 6.
15 Campaign and Struggle against Acid attack on Women (CSAAAW), Burnt not defeated 21-22 (2007).
16
Ravinder Singh v. State of Haryana, (1975) 3 SCC 742 : AIR 1975 SC 856 AIR (1975).
17 2002 Cri LJ 1403 (2002).
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rule/ regulation/ circular/ notification. All disputes will be subject exclusively to jurisdiction of courts, tribunals and forums at Lucknow only. The
authenticity of this text must be verified from the original source.

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SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.

Page 1 Thursday, November 28, 2024

Meaning and Definition of Acid Attack

Consequences of Acid Attack

Social and Economic Consequences

Lacuna in the Penal Code, 1860

Role of Police and Judiciary

way to tackle acid attacks but the problem still

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