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Monday, Aug 11, 2008
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Law Commission suggests life sentence for acid attack

J. Venkatesan

New Delhi: The Law Commission of India has suggested the imposition of a minimum sentence of 10-year imprisonment and a maximum sentence of life imprisonment for acid attack offences.

At present the offence is being dealt with under Section 326 of the Indian Penal Code, and the Commission has recommended amendments to the IPC to make it a specific offence by introducing a new Section 326 A.

In a report submitted to the Supreme Court, which is dealing with issues relating to acid attack, the Commission, headed by Justice A.R. Lakshmanan, said: “Section 326 IPC is insufficient and inadequate to deal with the issue. The definition of grievous hurt is not broad enough to cover various kinds of injuries which are inflicted during acid attacks; the Section does not cover the act of administering acid attack; the Section gives a wide discretion to the courts as far as punishment is concerned.”

The Supreme Court sought the views of the Commission as it was made a party in Laxmi’s case in which the victim was subjected to an acid attack following her refusal to mark the accused.

The Commission pleaded for deletion of its name as a respondent as no specific relief is sought against it.

The report said: “Though acid attack is a crime which can be committed against any man or woman, it has a specific gender dimension in India. Most of the reported acid attacks have been committed on women, particularly young women for spurning suitors, for rejecting proposals for marriage, for denying dowry, etc.”

It said:

“Acid throwing is an extremely violent crime by which the perpetrator of the crime seeks to inflict severe physical and mental suffering on the victim.

“This kind of violence is often motivated by deep-seated jealousy or feelings of revenge against a woman. Acid is usually thrown at the victim’s face as the perpetrator wants to disfigure the victim.

“An acid attack has long-lasting consequences on the life of the victim who faces perpetual torture, permanent damage and other problems for the rest of her life.” The Commission said “distribution and sale of acid should be banned except for commercial and scientific purposes. Acid should be made a scheduled banned chemical, which should not be available over the counter.”

On awarding compensation to the victim, the Commission recommended enactment of a law known as ‘Criminal Injuries Compensation Act’ to provide both interim and final monetary compensation to victims of rape, sexual assault, acid attacks, etc., and to provide for their medical and other expenses relating to rehabilitation and loss of earnings.

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