IPC 326A vs BNS 124: Acid Attack Punishment under Bharatiya Nyaya San

Detailed Analysis

OLD LAW (IPC)

326A

Act of 1860

Voluntarily causing grievous hurt by use of acid, etc.

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 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.

PunishmentMin 10 years to Life + Fine (paid to victim)

REFORM

NEW LAW (BNS)

124

Act of 2024

Hurt or Grievous Hurt Caused while Committing an Offence

Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

PunishmentHurt to extort: Up to 7 years + Fine; Grievous hurt to extort: Up to 10 years + Fine

Legal Implications

Introduced after the landmark Laxmi v. Union of India case, acid attack laws are among the most severe in the penal code. BNS 124 carries forward the heavy penalties (10 years to Life) and ensures that the financial burden of the crime is borne by the offender through mandatory compensation to the victim.

Practical Scenarios

"Throwing acid on a person with intent to disfigure (BNS 124)."

"Administering corrosive substances causing permanent damage (BNS 124)."

Expert Q&A

Is acid attack bailable in BNS?

No, Section 124 of the BNS is a non-bailable and cognizable offence.

What is the minimum sentence for an acid attack under Section 326A/BNS 124?

Mandatory minimum 10 years rigorous imprisonment, extendable to life imprisonment. The fine must be 'just and reasonable' and paid directly to the victim to cover medical expenses and rehabilitation.

What is Section 326B/BNS 125 (attempt to throw acid)?

Section 326B punishes the ATTEMPT to throw acid (without causing injury) with up to 7 years. It recognises that even a foiled acid attack causes severe terror and trauma.

What Supreme Court directions exist on acid attacks beyond Section 326A?

Laxmi v. Union of India (2014) directed: acid cannot be sold over the counter to persons below 18; sellers must obtain buyer ID and maintain registers; states must formulate compensation schemes for acid attack survivors.

326A vs 124

What Changed?

Verdict