Bharatiya Nyaya Sanhita, 2023
Section 124
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 sub-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.
Why this exists
This section was introduced in response to a rising number of acid attack cases in India, particularly targeting women, which often caused severe lifelong physical and psychological damage but were previously punished under general 'grievous hurt' provisions with lighter sentences. Following public outcry and Supreme Court directions (notably in Laxmi v. Union of India, which also led to regulation of acid sales), a specific, stringent law was created—first as Sections 326A and 326B of the Indian Penal Code via the Criminal Law (Amendment) Act, 2013, and now carried forward as Section 124 of the Bharatiya Nyaya Sanhita, 2023—to ensure acid violence is treated as a distinct, serious crime with mandatory minimum sentences and victim-focused compensation.
How courts read it
Under the predecessor provisions (IPC Sections 326A and 326B), courts emphasized that the fine imposed must genuinely be adequate for the victim's ongoing medical treatment, including reconstructive surgeries, and that compensation should not be treated as a mere formality. Courts have also held that consent or fault of the victim is irrelevant once acid is used with the requisite intention or knowledge, and that attempts to throw or administer acid are punishable even if the acid does not make contact or cause injury, given the potential severity of harm. These interpretive principles are expected to continue guiding courts under the renumbered Section 124.
Common misconceptions
- Myth: The law only applies if acid actually touches the victim and causes visible injury.
Fact: Sub-section (2) also punishes attempts—like trying to throw or administer acid—even if it doesn't reach or injure the victim, because of the serious risk involved. - Myth: Only liquid acid counts under this law.
Fact: Explanation 1 clarifies that 'acid' includes any corrosive or burning substance capable of causing scarring or disability, not just chemical acid in liquid form. - Myth: The damage must be permanent and irreversible for this section to apply.
Fact: Explanation 2 states that permanent or partial damage, deformity, or vegetative state need not be irreversible—temporary but serious harm can still qualify. - Myth: The fine imposed is paid to the government as a penalty.
Fact: The law specifically requires that any fine under sub-section (1) be paid to the victim, not the state, to help cover medical expenses.