Acid Attack by Esha

Report: Acid_attack_with_plag[1][1]
Acid_attack_with_plag[1]
By Esha Gupta
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Acid_attack_with_plag[1][1]
The Inclusion of Acid Attacks as Speci c Offences in the Indian Penal Code and a Law for
89
Compensation for Victims of Crime
By Esha Gupta
Contents Abstract
Introduction
Brief of the issues
Keywords
1
What is Acid attack

2 3
Essentials Of acid attack
The Courts and acid attack
Recommendation by Law commission
Acid attack law in other countries
Compensation for the victim
Famous acid attack Cases
Conclusion
Declaration by Author
Abstract
Esha Gupta, a law student at Lloyd Law College, outlines the provisions of the
4
Indian Penal Code, 1860, pertaining to acid attacks and the sale of acids. The article
explores the different degrees of punishment for acid attacks, delves
into non-registration issues, addresses victim compensation, and highlights

5 signi cant case laws that
prompted amendments to India's acid attack
90

Introduction
The prevalence of acid attacks, particularly in South Asia, has a grim history dating back to
the late 19th century. Bangladesh, India, and Pakistan have witnessed a disturbing rise in
89
such cases, with a signi cant increase recorded by the National Crime Records Bureau from
2014 to 2018. Despite efforts to address the issue, West Bengal and Uttar Pradesh
consistently account for half of the reported cases. The social consequences are severe, as
victims face not
only physical scars but also societal exclusion, making it challenging for them
6 to lead normal lives.
Despite legislative measures, the persistence of
unreported cases adds to the complexity of addressing this heinous crime.

7 8
Keywords: Acid throwing, Vitriol Throwing ,Vitriolage, Violence against women,

9 10
patriarchy,Legal system,police court

judiciary
11
What is Acid Attack?
The UNICEF research highlights acid attacks globally, often targeting women.
Perpetrators use nitric, sulphuric, or hydrochloric acids, aiming to dis gure victims, with
78% of attacks linked to rejected love proposals. Legal de nitions, such as Section 326A
IPC, emphasize intent to cause injury,
encompassing deformity, maiming, and disabling body parts. The severity of

91 12 harm need not be irreversible, emphasizing the lasting impact
of these
13 attacks.The crime of acid attack, also known as "acid
throwing," involves
14 throwing acid on someone's face to cause burns. Typically, this
is done with the
15 intention to torture, maim, dis gure, or even kill the victim, as
the face is often
16 17 uncovered.Most of the time, the motive behind throwing
acid is to torture,
18 maim, dis gure, or kill the victim.An acid
92
attack, as de ned by Section 326A
90

IPC, involves causing permanent or partial injury to a victim by throwing acid.

19
This results in deformity, maiming, dis gurement, disablement, or burning of body parts,
making the perpetrator guilty of an acid attack.

89
Essentials of acid attack
Although an attempt to throw acid has been made punishable under the IPC but
21 22 23
there are some essentials of acid attack which are as follows

Acid throwing/attempting to throw, administering the acid
24
Grevious hurt caused
Permanent and partial damage caused

25
The offender had knowledge about the intent of damage
The courts and acid attack

26 27
Prior to 2013, acid attacks in India were not speci cally categorized as offenses but were
dealt with under general laws for grievous harm and attempted murder. In response to a
rise in acid attack incidents, the Criminal
Law (Amendment) Act of 2013 introduced Sections 326A and 326B to the Indian
Penal Code, providing specialized provisions for handling acid attack

28 cases.Sections
326A and 326B, enacted in 2013, address acid attack cases
by
29 providing speci
c provisions. Before their introduction, existing statutes had
91
30 compensation
provisions for victims, but these were not tailored for acid
attacks. The creation of Sections 326A and 326B aimed to ll this gap and offer
31 dedicated legal
measures for acid attack
32
Provisions relating to acid attack are as follows:

33 34
Section 322 of ipc:This section addresses voluntary causing of grievous hurt,
92
90

stating that if someone intentionally in icts grievous harm or attempts an act

35 likely to cause
such harm, knowing the consequences, it quali es as

voluntary
36 causing of
grievous hurt. While this section itself doesn't prescribe

punishment, Section 325 IPC provides punishment for
actions covered under
Section 322 IPC.

37
Section 325 of ipc:
This section discusses the consequences for intentionally causing severe harm
to someone, as outlined in Section 322 of the Indian Penal Code. However, there
38 is an exception speci ed in Section
335 IPC for willingly causing grievous hurt
90

on provocation. In essence, those who voluntarily in ict serious harm are

39 subject to the provisions of this
section
40
Section 326 of Ipc:Section 326 of the Indian Penal Code focuses on causing
89
grievous hurt with a dangerous weapon but does not encompass acid attacks.
41
It has limitations such as excluding injuries from acid throwing, lacking
provisions for managing acid attacks, and not addressing situations where no
42
injuries occur. Section 114B of the Indian Evidence Act establishes a presumption that
someone committing an acid attack was aware of the

93
potential harm, referencing Section 326A of the IPC.
43
Sections 326A and 326B of the IPC were inserted in 2013 on the
recommendation of the Justice Verma Committee.

44
Section 326A:This section addresses acid-related offenses, holding individuals

45
accountable for causing injuries using acid with the intention of in icting
burns, dis gurement, disability, or grievous harm to the victim.

46
Section 326 B:This section addresses punishment for attempting to commit an

47 acid
attack. It holds the offender liable, even if no injury occurs,
when
48 attemptin
g to throw acid at the victim.
91
Acid Attack Law in other countries
49
Bangladesh:The incidence of acid attacks in Bangladesh has seen a notable rise, progressing
94
from around 12 per year to 50 in the mid-1990s, with a signi cant spike in the late 1990s,
reaching up to 250 cases annually. NGOs like
Naripokkho and the Acid Survivors Foundation played a crucial role in raising
50 awareness and reporting cases, contributing to the
surge in documented incidents. While improved reporting accounts for some of the
92
90

95
increase, the motives behind attacks diversi ed over time. Initially targeting young
women rejecting advances, the attacks evolved, with over 30% of victims being men,
often driven by factors like land disputes. The numbers peaked at 485 attacks 51 in 2002
but experienced a 15% decrease in 2003, with 410 reported cases.The punishment for
89
acid throwing or attempted throwing includes imprisonment
ranging from 3 to 7 years, along with a ne not exceeding Fifty Thousand Taka,
52 regardless
of whether any physical, mental, or other harm is caused to the
53
victim
54
93
Cambodia:A 2003 report on acid attacks in Cambodia revealed that between December
1999 and November 2002, there were 63 acid attack victims, with 30 females and 31
males. The report, titled "Living in the Shadows: Acid Attacks in

96 Cambodia," by Licadho and published by the Cambodian League for the Promotion of
Human Rights, highlighted that 29% of the victims were
unintended targets. Notably, the majority of intended victims were women. Acid
55,56
Violence is not speci cally addressed in Cambodian criminal law. Perpetrators

57 can be charged with battery with injury, which carries a sentence of
up to 10
years imprisonment.
58
Nigeria:Acid violence emerged in Port Harcourt in the early 1990s, with 21

59 reported cases of
91
attacks on women from 2001 to 2004 and 14 cases from 1990
to 2000. While traditionally gender-based, there's a shift as recent cases show

60 61 attacks on men, with
94
7 reported incidents from 2003 to 2004, committed by
62,63 64 women.Project Alert on Violence Against Women, 2004 Ibid.There
is no law
65 66 currently in Nigeria that partily deals with
acid attacks. Offenders are charges
under the penal code for battery or for causing grievous harm/hurt.
67
92
90

95
UK(United Kingdom):Acid attacks are infrequent in the UK, but when they occur,
perpetrators face severe legal consequences. The courts typically apply Section 29 of the
Offences Against the Person Act 1861, addressing the Intentional use of corrosive uids to
89 cause harm. Such attacks can result in charges related to murder or attempted murder if
not covered by this provision.
Compensation For victim

The Supreme Court of India, in the Delhi Domestic Working Women's Forum
case, emphasized the government's obligation to establish a Criminal Injuries

68
Compensation Board for rape victims within six months. The court proposed that this board
93
should provide compensation regardless of whether a conviction occurs, citing the
Directive Principles in Article 38(I) of the Constitution. The rationale behind this
recommendation is to address the

96
substantial nancial losses often incurred by rape victims, considering factors

69 like
trauma preventing some from maintaining employment.Victims should
68 receive compensation from the court upon
the offender's conviction and from

70 th
e Criminal Injuries Compensation Board, regardless of conviction. The board
considers factors like pain, suffering, shocks, and loss of earnings due to
71 pr
egnancy, including child-related expenses resulting from rape. Reference:
72
91 Delhi Domestic Working Women's Forum Vs. Union of India (1995) I SCC 14.The
73
National Commission for Women proposes a dedicated legislation for acid
97
4 attack offenses, recommending the establishment of a National Acid Attack
74
Victims Assistance Board. This board would offer medical treatment,

75 76 psychological counseling, and regulate acid production and sales.
However, criticism arises as the suggested scope con nes the board's function solely to
acid attack cases.
Famous Acid Attack Cases

92
90

"Lakshmi v. Union of India (2015) involves a courageous 16-year-old girl,
Lakshmi, who faced an acid attack due to rejecting a marriage proposal. In 2006, she led a
PIL in the Supreme Court, seeking compensation and
legislative changes related to acid attacks. The Supreme Court ruled in her
77
f
avor, leading to a complete ban on over-the-
counter sale of acids. The judgment prompted the
Acid Attack and Rehabilitation of Acid Attack
Victims
92
90

95 Bill, 2017, introducing regulations on acid supply, usage, and victim rehabilitation."
In the Parivartan Kendra v. Union of India (2015) case, an NGO named
Parivartan Kendra led a writ petition under Article 32, highlighting the
89 78
w
orsening condition of acid attack victims. The
petition stemmed from an acid
attack on an 18-year-old Dalit girl who had previously faced sexual

68 harassment. The Court, noting the government's failure to
address acid attack issues despite existing laws, mandated compensation of 3 lakh rupees
93 and
speci ed amounts for the victim and her sister within three months, citing
79 inadequate
funding as a key problem.

96
In the State of Maharashtra v. Ankur Panwar (2019), a 23-year-old nurse faced a fatal acid
attack by an individual she rejected for marriage due to career aspirations. The Special
Court, led by Justice A.S. Shinde, recognized the
severity of the crime and sentenced the accused to death, imposing a Rs 5000
68 ne for the victim's parents. The court
deemed this case exceptionally heinous, given the tragic outcome of the acid attack.
In the 1975 Ravinder Singh v. State of Haryana case, the husband poured acid
on his wife for refusing a mutual consent divorce due to his extramarital affair.
98 80
The victim died from severe acid burns, and the culprit was charged under Section 302 of
91
the IPC. However, despite the death, life imprisonment wasn't
awarded, as the case predates the relevant legislation before 2013.

97
4 81
Conclusion And recommendations
The chapters underscore the rise of acid attacks in India, noting the absence of speci c legal
provisions addressing them in the Indian Penal Code. Section 326 is deemed inadequate
due to its narrow de nition of grievous hurt, lack of
92
90

95 coverage for administering acid, discretionary punishment, insuf cient

82 penalti
es for intentional acts without injuries, and ambiguity regarding
ne recipients. The authors propose presumptions against acid
perpetrators, advocate for a ban on acid distribution except for
89 speci c purposes, and call for recording purchaser details.
Additionally, they recommend establishing Criminal Injuries
Compensation Boards at various levels, drawing inspiration from
laws in the UK and Canada, and rejecting the idea of a board
exclusively
for acid victims in favor of a broader approach encompassing victims of various
83 crimes.
Proposed: Enact a
84
93
new law, the "Criminal Injuries Compensation Act," to provide interim and nal
monetary compensation for victims of violence (e.g., Rape, Sexual Assault, Acid
85
Attacks). The law should cover medical expenses, rehabilitation, loss of

96 86 87 earnings, and consider any prior compensation received by the victim in its
calculations.
References
88
The Children Surgical Center (CSC) available at http://www.csc.org/ • The
Cruelty to Women and Children Act. (Parliament of Bangladesh)
(http://www.parliamentofbangladesh.org/) • Wikipedia Online Encyclopedia
(www.Wikipedia.Com)Justice AR. Lakshmanan) Chairman, Law Commission of
India Bibliography • Acid Attack victims yet to get assistance, Staff Reporter,
98
The Hindu, 27.04.2007; available at
91
<www.thehindu.com/2007/04/27/stories/20070
97
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2.
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89
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4.
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5.
normal → everyday Word choice Engagement
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8.
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96
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is done Passive voice misuse Clarity
91
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17.
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59. cases → points, issues Word choice Engagement
89
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61. 2004, Punctuation in Correctness

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63. . Project Improper formatting Correctness

93
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65. partily → partially Misspelled words Correctness

96
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98
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Report: Acid_attack_with_plag[1][1]

Score Writing Issues

This text scores better than 85% of all

7% of your text matches 10 sources on the web or in

Report was generated on Wednesday, Dec 13, 2023, 03:27 PM Page 1 of 23

5 Determiner use (a/an/the/this, etc.)

Report was generated on Wednesday, Dec 13, 2023, 03:27 PM Page 2 of 23

Unique Words 33%

Word Length 5.3

Sentence Length 16.8

Report was generated on Wednesday, Dec 13, 2023, 03:27 PM Page 3 of 23

Brief of the issues

What is Acid attack

Essentials Of acid attack

The Courts and acid attack

Recommendation by Law commission

Acid attack law in other countries

Compensation for the victim

Famous acid attack Cases

explores the different degrees of punishment for acid attacks, delves

into non-registration issues, addresses victim compensation, and highlights

prompted amendments to India's acid attack

Report was generated on Wednesday, Dec 13, 2023, 03:27 PM Page 4 of 23

victims face not

Despite legislative measures, the persistence of

unreported cases adds to the complexity of addressing this heinous crime.

Keywords: Acid throwing, Vitriol Throwing ,Vitriolage, Violence against women,

patriarchy,Legal system,police court

What is Acid Attack?

IPC, emphasize intent to cause injury,

encompassing deformity, maiming, and disabling body parts. The severity of

Report was generated on Wednesday, Dec 13, 2023, 03:27 PM Page 5 of 23

IPC, involves causing permanent or partial injury to a victim by throwing acid.

making the perpetrator guilty of an acid attack.

there are some essentials of acid attack which are as follows

Grevious hurt caused

Permanent and partial damage caused

The offender had knowledge about the intent of damage

The courts and acid attack

rise in acid attack incidents, the Criminal

Penal Code, providing specialized provisions for handling acid attack

Provisions relating to acid attack are as follows:

Section 322 of ipc:This section addresses voluntary causing of grievous hurt,

Report was generated on Wednesday, Dec 13, 2023, 03:27 PM Page 6 of 23

stating that if someone intentionally in icts grievous harm or attempts an act

such harm, knowing the consequences, it quali es as

grievous hurt. While this section itself doesn't prescribe

Section 322 IPC.

Section 325 of ipc:

Report was generated on Wednesday, Dec 13, 2023, 03:27 PM Page 7 of 23

on provocation. In essence, those who voluntarily in ict serious harm are

It has limitations such as excluding injuries from acid throwing, lacking

someone committing an acid attack was aware of the

recommendation of the Justice Verma Committee.

Section 326A:This section addresses acid-related offenses, holding individuals

burns, dis gurement, disability, or grievous harm to the victim.

Section 326 B:This section addresses punishment for attempting to commit an

reaching up to 250 cases annually. NGOs like

Report was generated on Wednesday, Dec 13, 2023, 03:27 PM Page 8 of 23

males. The report, titled "Living in the Shadows: Acid Attacks in