Accused Can Be Booked U/S 326A IPC Even If No ‘Grievous Hurt’ Is Caused to Acid Attack Survivor: Allahabad High Court

[19 July 2022] The Allahabad High Court has clarified that the charge under Section 326A IPC can be framed against the accused even if no grievous hurt has been caused to the acid attack survivor and that grievous hurt to an acid attack survivor is not mandatory in each case.

It may be noted that this provision deals with the offence and punishment for voluntarily causing grievous hurt by use of acid, etc. It says that 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 by throwing acid on or by administering acid to that person, shall be punished with imprisonment for a term which shall not be less than ten years but which may extend to life imprisonment.

The Court observed that in total 9 “OR” has been used in this section which shows that the charge under Section 326A IPC can be framed without grievous hurt to the victim/survivor.