IPC Section 326B - Voluntarily Throwing or Attempting to Throw Acid

Whoever throws or attempts to throw acid, 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.

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Non-bailable, Cognizable

Official Text

“Whoever throws or attempts to throw acid, 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.”

Legal Analysis

Elements to Prove:

  • The accused threw or attempted to throw acid.
  • The accused attempted to administer acid.
  • The intention was to cause permanent damage or grievous hurt.
  • The attempt was intentional and not accidental.

Potential Defenses:

  • No acid was thrown or attempted to be thrown.
  • No attempt was made to administer acid.
  • No intention to cause harm existed.
  • The accused was acting under legal authority.

Practical Examples

What Constitutes the Offense:

A person attempting to throw acid at someone, or trying to administer corrosive substances.

What Doesn't Constitute:

A person carrying acid for legitimate purposes, or accidentally dropping containers.

Important Case Laws

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

The Supreme Court emphasized the punishment for attempts to cause harm through acid or similar means.

Punishment

Not less than 5 years, may extend to 7 years, and Fine

Related Information

Connected Sections:

This section deals with attempts to cause harm through acid or corrosive substances. It is related to Section 326A.

Procedural Aspects:

Prosecution requires proof of attempt and intention to cause harm. The case is triable by a Court of Session.

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