Introduction
In
a world where the paradigm of crime has shifted heavily toward women, different
ways and types of crimes have been reported. With time, women became more and
more vulnerable as the heinousness of crime increased from sexual offence to
voyeurism to rape, including acid attacks. Acid attack is one of the most
heinous forms of crime where to satisfy the ego and to take revenge on the
women, any form of acid is thrown, which leads to permanent disfigurement,
especially of the face and sometimes leads women to a permanent vegetative
state. [1]
Old
Criminal Law Vs New Criminal Law
Before
furthering the topic, it is essential to see how the law looks into the offence
of acid attack. Earlier in India Penal Code 1860, after the revered judgement
of Laxmi v Union of India, the Court gave several guidelines regarding acid
attack survivors. This judgement led to the inclusion of Section 326A[2] And 326B in IPC, which
gave the imprisonment of 10 years for causing deformity by throwing acid as
well as 5 years imprisonment to whoever voluntarily throws acid intending to
cause disability or disfigurement. These sections recognise both act as well as
intention and knowledge.[3]
However,
in the new law, i.e. Bharatiya Nyaya Sanhita 2023, Section 124 deals
extensively with the punishment for a person causing or intending to cause
grievous hurt, disfigurement or disability by throwing acid. This section adds
one more condition where a person with the intention of causing a person to be
in a permanent vegetative state shall also be punished with imprisonment of 10
years, which is extensible to life imprisonment.[4]
Section
357B and 357C of the Code of Criminal Procedure provided compensation to the
victim. Section 357B directed the state government to pay compensation to
victims of acid attacks[5], and section 357C directed
the treatment of victims of acid attacks.[6] Similarly, Section 396 and
Section 397 of Bharatiya Nagarik Suraksha Sanhita 2023 provided victim
compensation and treatment.
Compensation
To Acid Attack Victim Scheme
An
acid attack is the most grievous and heinous offence one can imagine. It is a
cumulative attack on the victim’s body and mind as well as society’s perception
and the state’s duty of preserving its vulnerable subjects, which are women.
Under
the compensation scheme, the State government must establish a victim
compensation fund. The amount of
compensation should be fixed. The state government doesn't have to fix the
compensation to 3lakh only as guided by the Hon’ble Supreme Court in Laxmi v
Union of India.[7]
It can increase the amount per the victim's requirement and condition. The
Central Government has initially sanctioned 200 crore rupees under the Central
Victim Compensation Fund (CVCF). A provision to give 5 lakh compensation is
also present under the said scheme.[8]
In
Laxmi v Union of India, the Hon’ble Supreme Court has formulated certain
guidelines with reference to the acid attack survivors, which are:
i.
Victim to be given at least 3 lakh
compensation according to the Victim Compensation Scheme.
ii.
No hospitals, including private hospitals,
can refuse treatment to the victim.
iii.
When there is a lack of equipment in the
hospital, the victim should be first given primary care before shifting to the
proper hospital.
iv.
The restriction was made on the sale and
purchase of acid.
v.
A legal service authority to be
established to aid victims in obtaining justice.
vi.
There were changes in IPC where sections
326A and 326B were added, which addressed the acid attack problem.
vii.
Under CrPC, sections 357A and 357B were added
that addressed the victim compensation and treatment.
viii.
Section 114B was added in the India
Evidence Act that described the knowledge and purpose of the perpetrator for
section 326A of IPC.[9]
Judicial Approach Towards the Victim of
Acid Attack
The
issue that came before the Court was whether the scheme covering acid attack
survivors should cover the acid attack victims suffering such attacks prior to
the scheme. The answer was in affirmative by Hon’ble Calcutta High Court in Piyali
Dutt vs The State of West Bengal & Ors. The court stated that the
CrPC Section 357B does not limit the time. The delay can be condoned after
looking at the sufficiency of reasons.[10]
The
courts have proactively looked at the matter of rehabilitation of the
survivors, wherein the court has stated that the aftercare of the victim in
reference to proper treatment and rehabilitation should be provided. The
private hospitals should also provide free medical treatment, and the state is
required to comply with the guidelines. It should come with a minimum
compensation of 3 lakhs to the survivors since it is seen that several states
have not come up with the scheme.[11]
Dilemma
of the Victims and Their Plight for Reforms
The
legislative and judicial approach regarding the offence of acid attack is very
serious but it lacks the basic understanding of mitigating the crime. It lacks a
thorough investigation and trial. Instead, it focuses on compensation and
treatment. the quantum of punishment in old and new criminal law is the same,
which is not adequate for such a horrific crime. Though there was a need to amend
prior laws, the new laws have also not adequately covered the plight of victims.[13]
There
is a need to cover the rehabilitation of victims since they are vulnerable and
not easily amalgamated into society. Hence, it is also to be noted that neither
judicial nor legislative approaches have covered this area adequately. Mere
compensation to the victim and stringent laws are insufficient if deep-rooted
gender biases are not removed from society. An acid attack can shatter the
mental condition of a person. Hence, rehabilitation centres are required to
enable them to enter society.[14]
Conclusion
There
is a need to address the issue of acid attacks and formulate proper laws and
policies. There is a need for the enhancement of punishment, as mentioned in
the present BNS 2023. Compensation and treatment are already provided, but
there should be more focus on rehabilitation since the trauma after the acid
attack is beyond our imagination. With the reformative policy, we should also
focus on mitigative policy; hence, the state must strictly develop a properly
designed Victim Compensation Scheme. It is also very important to devise some significant
changes in present laws. The crimes against women are increasing day by day,
and it is necessary to address them and formulate adequate strategies to curb
the damages that are done.
[1] Shivani Tyagi Vs.
State of U.P. & Ors, 2024 INSC 343
[2] India Penal Code,
1860, § 326A, No. 45, Acts of Parliament, 1860 (India).
[3] India Penal Code,
1860, § 326B, No. 45, Acts of Parliament, 1860 (India).
[4] Bharatiya Nyaya
Sanhita, 2023, § 124, No. 45, Acts of Parliament, 2023 (India).
[5] Code of Criminal
Procedure, 1974, § 357B, No. 2, Acts of Parliament, 1974 (India).
[6] Code of Criminal
Procedure, 1974, § 357C, No. 2, Acts of Parliament, 1974 (India).
[7] Yogendra @
Jogendra Singh vs The State Of Madhya Pradesh, 3 M.Cr.C. No. 5610/2015.
[8] Annual Report,
Ministry of Home Affairs, Government of India, 2015-16. Para 5.26.
[9] Laxmi v Union of
India, (2014) 4 SCC 431.
[10] Piyali Dutta vs
The State Of West Bengal & ors, 2017 Cr.LJ 4041.
[11] Roopsingh Badriji
Solanki vs The State Of Madhya Pradesh, LAWS (MPH) 2020 6 526.
[12] Parivartan Kendra
& Anr vs U.O.I & Ors, (2016) 3 SCC 571
[13] Mr. Alok Rawat,
Dr. Saadiya, Anatomy Of Acid Attacks In India: Recommendations For
Deterrence, 3 Jamia Law Journal (2018).
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