November 21, 2024

Delhi HC: "Any Corrossive Substance Is Acid"

By Sunil Garodia
First publised on 2022-10-27 06:33:06

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Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.

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Two convicts in an acid attack case, who were sentenced to life imprisonment by the trial court, appealed against the sentence in the Delhi High Court on the grounds that it was not conclusively proved that the substance they threw on the victim was acid. But the Delhi HC did not allow them to wriggle out of their sentence on the specious and illegal ground. Relying on the clear explanation given in Section 326B, read with Section 326A, of the Indian Penal Code (IPC), the Delhi HC upheld the conviction and additionally imposed a fine of Rs 5 lakh on the convicts which was to be paid as compensation to the victim.

The court said that the explanation to Section 326B clearly mentions that the substance in question can be acid or any other substance that is acidic or corrosive or burning in nature capable of scarring or disfigurement or temporary or permanent disability, even if the injury is reversible. Hence, the argument that what they threw was not conclusively proved to be acid does not hold. Since the victim was scarred and disfigured by what they threw at her, the crime under section 326A was committed by the convicts and they needed to be punished as per law.

The Delhi HC has correctly interpreted the provisions of the two sections. The idea of the legislature was to punish people for scarring, disfiguring or causing temporary or permanent disability to victims of such attacks. The exact nomenclature of the substance used was not meant to be, and cannot be, restricted to just the word 'acid' and that is why the explanation is given in Section 326B. This decision by the Delhi HC will send a strong signal and perhaps deter others from committing such ghastly crimes.