INDIAN KANOON SECTION 326B IPC - Indian Penal Code - Voluntarily causing grievous hurt by use of acid, etc.[1]


Description

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 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.

Explanations

  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.
  2. For the purposes of section 326A and this section, permanent or partial damage or deformity shall not be required to be irreversible.

1 Criminal Law (Amendment) Act, 2013


Applicable Offences

Voluntarily throwing or attempting to throw acid

Punishment - 5 to 7 years + Fine

This is a Non-bailable, Cognizable offence and triable by Court of Session

This offence is NOT compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.


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