IPC Section 326A - Voluntarily Causing Hurt by Corrosive Substance

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 to any person, or causes grievous hurt by use of acid, or attempts to throw or attempts to administer acid to any person, or by throwing or administering acid to any person, 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.

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Non-bailable, Cognizable

Official Text

“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 to any person, or causes grievous hurt by use of acid, or attempts to throw or attempts to administer acid to any person, or by throwing or administering acid to any person, 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.”

Legal Analysis

Elements to Prove:

  • The accused caused permanent damage, deformity, burns, or grievous hurt.
  • The harm was caused by corrosive substances or acid.
  • The harm was intentional and not accidental.
  • The harm was not trivial or temporary.

Potential Defenses:

  • No such harm was caused.
  • The harm was not caused by corrosive substances.
  • The harm was accidental.
  • The accused was acting under legal authority.

Practical Examples

What Constitutes the Offense:

A person throwing acid on someone, or administering corrosive substances that cause permanent damage.

What Doesn't Constitute:

A person accidentally spilling cleaning chemicals, or using substances for legitimate purposes.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court emphasized the severe punishment for acid attacks and similar corrosive substance attacks.

Punishment

Not less than 10 years, may extend to Life Imprisonment, and Fine

Related Information

Connected Sections:

This section deals with acid attacks and corrosive substance attacks. It provides enhanced punishment for such offenses.

Procedural Aspects:

Prosecution requires proof of intentional causation of harm by corrosive substances. The case is triable by a Court of Session.

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