'A' severally injured a beautiful girl walking in the market by throwing the acid on her body........ What offence 'A' has committed.......under Indian Penal Code...?

Question: 'A' severally injured a beautiful girl walking in the market by throwing the acid on her body. She is admitted in hospital in dying state. What offence 'A' has committed and how much punishment he deserves under Indian Penal Code, 1860? [JJS 2018]

Find the answer to the mains question of IPC only on Legal Bites. ['A' severally injured a beautiful girl walking in the market by throwing the acid on her body........ What offence 'A' has committed.......under Indian Penal Code...?]

Answer

As per the facts of the case, ‘A’ has committed the offence of acid attack which is addressed under Sections 326A and 326B of the Indian Penal Code (IPC), 1860. The punishment laid down for the said offence is detailed below:

Section 326A of IPC lays down provisions for voluntarily causing grievous hurt by the use of acid, etc. Persons committing the offence under this section shall be punished with imprisonment of either description for a term which shall not be less than 10 years, but which may extend to life imprisonment, and with a fine. The fine imposed should be just and reasonable to meet the medical expenses of the victim.

Section 326B of IPC deals with attempting to throw or use acid. The punishment laid down is imprisonment of either description for a term which shall not be less than five years, but which may extend to seven years, and also be liable to a fine.

However, in alternate to the aforesaid sections, there are other sections also under IPC for which ‘A’ can be charged for committing this heinous offence, particularly when the victim is in dying state after the commission of an acid attack on her. These sections are:-

Section 325 IPC pertaining to causing grievous hurt wherein the imprisonment of either description for a term which may extend to seven years, and a fine.

Section 307 IPC pertaining to attempt to murder, which includes the intent to cause death. Punishment for the same is imprisonment of either description for a term which may extend to ten years and a fine. If the act causes hurt, the perpetrator can be liable to life imprisonment or the aforementioned term of imprisonment. If the offender is already under a life sentence, he may be punished with death if the act causes hurt.

Section 302 IPC pertains to murder. If the offence leads to the victim's death, the offender shall be punished with death or life imprisonment, and shall also be liable to a fine. Thus, if the victim succumbs to the injuries, 'A' will be liable under Section 302 IPC. Otherwise, 'A' will be punished under Section 326A IPC for causing grievous hurt by acid attack.