A throws acid on the right hand of B, an unmarried girl of 17 years, causing permanent disfiguration of her right hand. Did A cause grievous hurt to B defined under Section 320, I.P.C.? Give reasons.

Question: A throws acid on the right hand of B, an unmarried girl of 17 years, causing permanent disfiguration of her right hand. Did A cause grievous hurt to B defined under Section 320, I.P.C.? Give reasons.

Find the answer to the mains question only on Legal Bites. [A throws acid on the right hand of B, an unmarried girl of 17 years, causing permanent disfiguration of her right hand. Did A cause grievous hurt to B defined under Section 320, I.P.C.? Give reasons.]

Answer

The term “grievous hurt” has been defined in Section 320 of the Indian Penal Code. Conviction of the accused can only be done if the acid attack affects the victim by permanent privation of eyesight, ability to hear, joint, disfigurement of head or face, fracture of bone or tooth or the victim is unable to follow her ordinary pursuits during the space of twenty days.

Since in the present case at hand, due to acid attack done by A, B a minor girl has suffered permanent disfiguration of her right hand, A shall be tried for causing grievous hurt to B defined in section 320.

Besides, section 326A, the Indian Penal Code which has been added with the Criminal Amendment Act of 2013 along with section 326B, deals specifically with the acid attack cases and lays down punishment for this offence.

Elements of section 326A are:

1. The offender must voluntarily cause permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of the victim or causes grievous hurt to her.
2. It must be done by throwing acid on or by administering acid to the victim, or by using any other means.
3. The offender should act with the intention of causing or with the knowledge that he is likely to cause such injury or hurt.
4. He shall be punished with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine. Such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim and shall be paid to the victim.

Therefore, A is liable to get punished under both section 320, and specifically under section 326B.

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