(1) Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt or causes a person to be in a permanent vegetative state shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim.
(2) 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 burns 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.
Explanation 1.–For the purposes of 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.
Explanation 2.—For the purposes of this section, permanent or partial damage or deformity or permanent vegetative state shall not be required to be irreversible.
Simplified Explanation
Section 124 of the Bharatiya Nyaya Sanhita, 2023 addresses the grave crime of voluntarily causing grievous hurt through the use of acid or other similar substances. The law specifically deals with the severe injuries that result from the deliberate use of such substances to harm another person, which can lead to permanent damage, disfigurement, or even death.
Section 124 – Voluntarily Causing Grievous Hurt by Use of Acid, etc.
This section is divided into two subsections, each outlining different levels of punishment based on the severity of the offense and the actions taken by the perpetrator.
Subsection (1) – Causing Permanent Injury or Grievous Hurt
This provision deals with the intentional causing of grievous hurt that results in serious injuries like permanent damage, deformities, burns, or permanent vegetative states. It specifically mentions acid attacks as a means of causing such harm.
- Offenses Described:
- Permanent or Partial Damage: This includes any injury or deformity that permanently or partially damages a person’s body.
- Burns, Maiming, Disfigurement, Disability: The law covers a wide range of grievous hurt that includes burns, physical disfigurement, or disabilities that arise from the injury.
- Acid Attacks: The act of throwing or administering acid (or any corrosive substance) to cause grievous hurt is specifically addressed in this provision.
- Permanent Vegetative State: If the acid or harmful substance causes the victim to fall into a permanent vegetative state, the offense is considered extremely severe.
- Punishment:
- The offender shall be punished with imprisonment for a term that is not less than ten years, which can extend to imprisonment for life.
- The offender will also be liable to a fine, which is required to be a just and reasonable amount to meet the victim’s medical treatment expenses.
- The fine shall be paid to the victim to assist with their recovery costs.
Subsection (2) – Attempted Acid Attacks or Similar Harm
This subsection deals with the attempt to commit the same offense without the actual injury occurring but with intent to cause severe harm.
- Offenses Described:
- Attempt to Throw or Administer Acid: The law considers an attempt to throw or administer acid or any other harmful substance as an offense in itself.
- Intent to Cause Severe Harm: The intention must be to cause permanent or partial damage, burns, disfigurement, or other forms of grievous hurt.
- Punishment:
- For attempting to cause grievous harm, the offender can face imprisonment for a term not less than five years, which can extend to seven years.
- The offender may also be liable to a fine.
Explanation:
- Acid Definition: For the purposes of this section, acid includes any substance that has an acidic, corrosive, or burning nature and can cause bodily injury leading to scars, disfigurement, or disability.
- Damage or Deformity: The law clarifies that permanent or partial damage or permanent vegetative state does not have to be irreversible. This means that even if the damage is not fully irreversible, it may still fall under the definition of grievous hurt.
Key Points to Remember:
- Severe Penalties for Acid Attacks: Acid attacks are viewed as extremely serious offenses under the law, given the lasting impact on victims’ physical and emotional health.
- Victim Compensation: The fine imposed for such an offense is specifically intended to help with the victim’s medical expenses and is directly paid to the victim.
- Attempts Are Also Punishable: Even if the attack is only attempted and no injury occurs, the law still imposes serious penalties to deter such crimes.
- Clarification of “Acid”: The law is broad in its definition of acid, ensuring that any harmful corrosive or burning substance is included, not just traditional acids.
- Permanent and Partial Damage: The law covers both permanent and partial injuries, recognizing that even partial damage or temporary disfigurement can significantly affect the victim’s life.
Purpose and Effect of This Section:
- This section highlights the severe nature of acid attacks and similar offenses and underscores the government’s intent to provide stringent penalties to deter such crimes.
- It ensures that victims of such attacks receive financial compensation to cover medical treatment, which is crucial given the high cost of recovering from such devastating injuries.
