Section 326B IPC: Voluntarily Throwing or Attempting to Throw Acid
Section 326B of the Indian Penal Code, 1860 specifically punished an attempt to cause acid-related injury, including throwing or attempting to throw acid, attempting to administer acid, or attempting to use another means with the intention specified by the section.
Text and meaning of Section 326B IPC
Section 326B applies where a person throws or attempts to throw acid on another person, attempts to administer acid to that person, or attempts to use any other means, with the intention of causing permanent or partial damage, deformity, burns, maiming, disfigurement, disability or grievous hurt.
The prescribed punishment is imprisonment of either description for a term of not less than five years, which may extend to seven years, and fine.
The provision therefore addresses the intentional attempt itself. It is distinct from Section 326A IPC, which deals with specified injury actually caused by the use of acid.
Essential ingredients of Section 326B IPC
For Section 326B to apply, the prosecution must establish the acts and intention required by the statutory provision. In practical terms, the section covers the following:
- throwing or attempting to throw acid on a person; or
- attempting to administer acid to a person; or
- attempting to use any other means against a person; and
- doing so with the intention of causing permanent or partial damage, deformity, burns, maiming, disfigurement, disability or grievous hurt.
The specified intention is a central element. The facts, conduct and surrounding circumstances of each case are relevant to whether that intention is proved.
What does "acid" mean under Section 326B?
Explanation 1, which applies to Sections 326A and 326B, gives the expression "acid" a functional meaning. It includes any substance having an acidic or corrosive character or a burning nature that is capable of causing bodily injury leading to scars, disfigurement, or temporary or permanent disability.
The provision is therefore not confined merely to a substance bearing a particular chemical label. The statutory focus includes its corrosive or burning character and its capacity to cause the described bodily injury.
Meaning of permanent or partial damage or deformity
Explanation 2 states that, for Sections 326A and 326B, permanent or partial damage or deformity is not required to be irreversible. This prevents the provision from being confined only to injuries that can never medically improve.
Punishment under Section 326B IPC
| Offence | Throwing or attempting to throw acid, attempting to administer acid, or attempting to use another means with the intention specified in Section 326B. |
|---|---|
| Minimum imprisonment | 5 years |
| Maximum imprisonment | 7 years |
| Fine | Also liable to fine |
Nature of the offence under the pre-BNSS CrPC
Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 326B IPC was classified as cognizable and non-bailable, and was triable by the Court of Session.
A cognizable offence is one in which a police officer may arrest without warrant in accordance with the First Schedule or another law in force. "Non-bailable" does not mean that bail can never be granted; it means that bail is not available as an automatic statutory right in the manner applicable to a bailable offence.
Section 326A and Section 326B IPC: important distinction
Section 326A IPC addresses specified damage or injury caused by the use of acid and carries substantially greater punishment. Section 326B focuses on throwing or attempting to throw acid, attempting to administer it, or attempting another means with the requisite intention. The correct provision therefore depends upon the acts alleged, the result, and the ingredients proved in the particular case.
Legislative background
Sections 326A and 326B were inserted into the Indian Penal Code by the Criminal Law (Amendment) Act, 2013. The amending Act received Presidential assent on 2 April 2013 and was deemed to have come into force on 3 February 2013. The amendment created specific penal provisions addressing acid attacks and attempted acid attacks.
Victim compensation and treatment under the CrPC framework
The pre-BNSS Code of Criminal Procedure contained additional victim-oriented provisions relevant to acid attack cases. Section 357A provided for victim compensation schemes, while Section 357C required specified hospitals, whether public or private, to provide immediate first-aid or medical treatment free of cost to victims of offences including Sections 326A and 326B IPC and immediately inform the police of the incident.
The Supreme Court has also issued directions concerning compensation, rehabilitation, treatment and regulation connected with acid attacks. These protections operate alongside the substantive criminal offence and should not be confused with the punishment prescribed specifically by Section 326B.
Related IPC provisions
For connected provisions, see Section 326 IPC - grievous hurt by dangerous weapons or means, Section 326A IPC - grievous hurt by use of acid, and Indian Penal Code, 1860 - sections and overview.
Note: This article explains the statutory position for general legal information. Application of a penal provision depends on the facts, date of the alleged offence and the law applicable to the proceeding.