SECTION 326A WITH REFERENCE TO SECTION 307 OF THE IPC

BACKGROUND

Over the last decades, India is witnessing the alarming number of cases of acid attacks. Acid attack is not a gender-specific crime, but this horrendous crime is usually committed against women. Acid attack is referred to “any act of throwing acid or using acid in any form on the victim with the intention of or with the knowledge that such person is likely to cause to the other person permanent or partial damage or deformity or disfiguration to any part of the body of such person”. The most common type of acid used in these heinous offences are sulphuric acid, nitric acid, and hydrochloric acid.

The Law Commission of India in its 226th [1] report has asserted that the majority of acid attack victims are women, the report states that:

“…particularly young women for spurning suitors, for rejecting proposals of marriage, for denying dowry etc. The attacker cannot bear the fact that he has been rejected and seeks to destroy the body of the woman who has dared to stand up to him.”

These attacks are ordinarily revenge-attacks by vindictive lovers, husbands or by male relatives. A study reveals that 78% of the reported acid attack cases are for refusal to marriage or a rejection of romance.

There are many consequences which acid victims suffer: physical consequence, psychological consequences, social and economic consequence etc. Therefore, throwing acid is an aggressive crime which is growing rapidly. The person committing the crime seeks to inflict severe mental and physical trauma on the victim.

There is no specific legislation in India for the punishment of acid attackers. Increasing cases of acid attacks capture the focus of lawmakers and various amendments done in various legislatures.

The criminal law (amendment) act, 2013 was passed by the apex court and various provisions for dealing with acid attacks were included. Amendments were done in sections 320[2], 322[3], 325[4], 326[5], 326A[6] and 326B[7] of the Indian Penal Code, 1860 and section 114B[8] of Indian Evidence Act.

INTERPRETATION OF SECTION 326A WITH SECTION 307 OF INDIAN PENAL CODE:

Section 307 of IPC uses the words “under such circumstances”, but these words are missing from section 326A IPC. It has been seen that the first part of section 307 says that “an act with such intention or knowledge, and under such circumstances that, if he by that act causes death, he would be guilty of murder”. And the second part, which carries a heavier punishment, refers to “hurt” caused in pursuance of such an “act”.

The most important ingredient of section 307 IPC is intention and knowledge. Therefore, for deciding the case under section 326A and section 307, the court must examine the circumstances in which the offence was committed. If there is ‘intend’ coupled with an ‘act’ in execution of the offence, it is sufficient to prove that the act falls under section 307 IPC. Facts such as ‘assault made after some premeditation and pre-planning’, ‘weapon used by the attacker’, ‘nature of injuries caused’ etc. should also be taken into consideration. It should not be necessary that any bodily injury capable of causing death have been inflicted. The act should give considerable assistance in coming to a finding that there was an intention and knowledge on the part of the accused and that he was prudent enough to understand the results of his act.

It is observed that the offences committed under section 307 and section 326 A are serious and heinous offences in the eyes of law, which would cause social impact on the society at large.

Landmark Judgements

Laxmi v. union of state[9], where supreme court issued various guidelines-

Laxmi Agarwal, the daughter of a domestic cook, was only 16 when 32-year-old man began pursuing her. After she refused his marriage proposal a few times, he roared up one day on a motorcycle with an accomplice and threw acid on her face, chest and hands. She lost all her childhood, lost all friends and became a school dropout. People mocked her and stared at her, blaming her by saying that she might have done something to earn the man’s wrath. She spent eight years hiding her face. But she gained courage when India exploded in the outrage over a gang rape on a bus the preceding year. She immediately filed a PIL and sought a ban on the sale of toxic liquids.

Under huge pressure, the Government passed a law that for the first-time created criminal charges especially for stalking, voyeurism, acid attacks and forcible public disrobing of women, an act sometimes carried out in rural areas to cause humiliation. Under the new law, a person convicted of an acid attack faces a minimum of ten (10) years and a maximum life sentence. There are endless cases happening all around in today’s world. Only proper law and their effective implementation can help the acid attack survivors to get a ray of hope. Their rehabilitation and compensation should be well thought off. Time has come when the young generations are to think of some new ways to make their lives a bit enjoyable in spite of all odds.

1. Devanand v. The State[10]

The accused threw acid on his wife because she refused to cohabit with him. The wife suffered permanent disfigurement and loss of one eye. The accused was convicted for attempt to murder under section 307 of Indian Penal Code, 1860.

1. State of Karnataka vs. Joseph Rodrigues[11]

The landmark judgment of the Hon’ble High Court of Karnataka, wherein the accused was convicted under Section 307 of the IPC and sentenced to imprisonment for life. A compensation of Rs. 2, 00,000, in addition to the trial court fine of Rs. 3, 00,000, was to be paid by the accused to the victim Haseena Hussain’s parents. The accused Joseph Rodriguez, the ex-boss of the victim threw 1.5 liters of sulphuric acid on her when she decided to quit her job. The acid melted her face, fused her shoulder and neck, burnt a hole in her head, merged her fingers and blinded her for life. This was the leading case as it was the first time that a compensation which was quite a large sum was given to the victim to meet the medical costs including that of plastic surgeries. However, in many cases all through India, punishment often did not take into account the intentional and grisly nature of the attack but only rested on technicalities of bruises.

1. Ravinder Singh vs. State of Haryana[12]

In this case acid was 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.

After looking into various judgments, it can be seen that application of section 307 is tricky in cases of acid attacks. There is a common ingredient which is required for the conviction under this section and that element is intention along with the knowledge and the implication of the act done. All the courts across the board agree on the fact that the intention to commit murder and the preparation for the act must be present.

CONCLUSION & SUGGESTIONS:

Acid throwing is an extremely violent and heinous crime by which the perpetrator of the crime seeks to inflict severe physical and mental suffering on the victim. It is destruction of both – the body and soul of the victim. This crime appears to be a premeditated one which requires a tremendous ill-will on the part of the perpetrator, and therefore, should be punished severely. When section 326A is coupled with section 307 of IPC, it is not essential to show that “bodily injury causing death” was inflicted. The section made a difference between an act and its result. Therefore, it’s not necessary to show that injury inflicted should, in ordinary circumstances, result in causing the death of the victim. It is only required to show the intention and knowledge of the attacker which is mentioned under section 307 of IPC. Amendments in various penal legislations have created a positive impact on the society at large. One of greatest step taken by the law makers against acid attacks is “The Criminal Law (Amendment) Act, 2013” which has brought positive and effective changes. Justice can never be delivered to the victim unless the law is properly implemented. Thus, steps should be taken to effectively execute the new laws to curb such the violence.

[1] ‘“The Inclusion of Acid Attacks as Specific Offences in the Indian Penal Code and a law for Compensation for Victims of Crime”' (July 2009) <http://lawcommissionofindia.nic.in/reports/report226.pdf> accessed 25 January 2020

[2] Grievous Hurt

[3] Voluntarily causing grievous hurt

[4] Punishment for voluntarily causing grievous hurt

[5] Voluntarily causing grievous hurt by dangerous weapons or means

[6] Voluntarily causing grievous hurt use by acid, etc.

[7] Voluntarily throwing and attempting to throw acid, etc.

[8] Presumption as to acid attack

[9] 2014 4 SCC 427

[10] 1 SC 489

[11] State of Karnataka Vs. Joseph Rodrigues, Decided by the Hon’ble Karnataka High Court on 22/8/2006

[12] AIR 1975 SC 856

[AUTHOR’S PROFILE: Nikita Jain pursuing B.B.A., LL.B., (Hons.) at school of law, University of petroleum and energy studies, Dehradun (3RD YEAR)]