If the acid attack fails and causes no injury, there is no serious crime.

Attempting an acid attack is itself a serious offence under this section, carrying a mandatory minimum of five years in prison, regardless of whether any injury actually results.

Indian Penal Code, 1860

Section 326B

repealed

Voluntarily throwing or attempting to throw acid, etc.

Whoever throws or attempts to throw acid1 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 bums 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.§

Why this exists

This section, also added by the Criminal Law (Amendment) Act, 2013, punishes the attempt to commit an acid attack, even when the attack fails to actually cause injury, recognizing that the intention and dangerousness of the attempted act deserve serious punishment regardless of whether the attacker succeeds. It complements Section 326A, which punishes completed acid attacks, ensuring that failed or interrupted attempts are not treated lightly given the severe harm they were designed to cause. Under the Bharatiya Nyaya Sanhita, 2023, this offence is now covered under Section 125.

Common misconceptions

Myth: If the acid attack fails and causes no injury, there is no serious crime.
Fact: Attempting an acid attack is itself a serious offence under this section, carrying a mandatory minimum of five years in prison, regardless of whether any injury actually results.