| Particulars | Details |
|---|---|
| Section | BNS Section 124(2) |
| Offence | Throwing or Attempting to Throw Acid |
| Old IPC Section | IPC Section 326B |
| Punishment | 5 to 7 Years' Imprisonment + Fine |
| Cognizable | Yes |
| Bailable | No |
| Compoundable | No |
| Triable By | Court of Session |
Introduction
BNS Section 124(2) deals with throwing acid or attempting to throw acid on another person with the intention of causing serious bodily harm. Acid attacks are among the most severe forms of violent offences because they often result in permanent physical injuries, emotional trauma, and social consequences for victims.
The provision criminalises not only the actual throwing of acid but also attempts to throw acid, attempts to administer acid, or attempts to use any other means intended to cause burns, disfigurement, deformity, disability, or grievous hurt.
BNS Section 124(2) substantially replaces the earlier IPC Section 326B and continues the legislative policy of imposing stringent punishment for acid-related offences.
What is BNS Section 124(2)?
BNS Section 124(2) punishes any person who throws acid, attempts to throw acid, attempts to administer acid, or uses any similar means with the intention of causing permanent or partial damage, deformity, burns, maiming, disfigurement, disability, or grievous hurt.
The offence focuses on the intention behind the act rather than the actual result. Therefore, even if the acid does not ultimately cause injury, an attempt itself may attract criminal liability under this provision.
The section recognises that acid attacks often leave victims with lifelong physical and psychological consequences and therefore prescribes a mandatory minimum punishment.
Bare Act Text of BNS Section 124(2)
Whoever throws or attempts to throw acid on any person 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.
Explanation 1
For the purposes of this section, "acid" includes any substance which has acidic or corrosive character or burning nature and is capable of causing bodily injury leading to scars, disfigurement, or temporary or permanent disability.
Explanation 2
Permanent or partial damage, deformity, or permanent vegetative state is not required to be irreversible for the offence to be established.
In Simple Words
If a person throws acid at someone, attempts to throw acid, attempts to force acid into another person's body, or uses a corrosive substance intending to cause burns, disfigurement, or serious injury, the offence falls under BNS Section 124(2).
The law punishes even unsuccessful attempts because of the serious nature of acid-related violence.
Essential Ingredients of BNS Section 124(2)
To establish an offence under BNS Section 124(2), the prosecution generally needs to prove the following:
1. Throwing or Attempting to Throw Acid
The accused must have thrown acid, attempted to throw acid, attempted to administer acid, or used similar means.
2. Presence of Acid or Corrosive Substance
The substance involved must fall within the legal meaning of acid, including corrosive or burning substances capable of causing bodily injury.
3. Intention to Cause Serious Harm
The accused must have intended to cause burns, deformity, disfigurement, disability, grievous hurt, or similar bodily harm.
4. Voluntary Act
The act must be voluntary and not accidental.
5. Targeting Another Person
The conduct must be directed against another individual.
Punishment Under BNS Section 124(2)
BNS Section 124(2) prescribes a mandatory minimum sentence.
| Offence | Punishment |
|---|---|
| Throwing or Attempting to Throw Acid | Minimum 5 Years to Maximum 7 Years' Imprisonment + Fine |
The court cannot impose imprisonment below five years. In addition to imprisonment, the offender is also liable to pay fine.
Classification of Offence Under BNS Section 124(2)
| Criteria | Classification |
|---|---|
| Cognizable | Yes |
| Bailable | No |
| Compoundable | No |
| Triable By | Court of Session |
What Does the Classification Mean?
Since the offence is cognizable, the police can register an FIR and investigate the matter without prior approval from a Magistrate.
The offence is non-bailable, meaning bail is not available as a matter of right.
The offence is non-compoundable and therefore cannot be privately settled between the parties.
The trial is conducted before the Court of Session because of the seriousness of the offence and the severe punishment prescribed.
Bail Under BNS Section 124(2)
BNS Section 124(2) is a non-bailable offence. Courts generally treat acid attack cases with considerable seriousness because of the permanent physical and psychological harm that may be caused to victims.
While considering bail applications, courts may examine the nature of the allegations, evidence collected during investigation, medical reports, the intention of the accused, and the risk of witness intimidation or tampering with evidence.
Because the section prescribes a mandatory minimum punishment and involves serious bodily harm, courts may adopt a cautious approach while considering bail applications.
Which Court Has Jurisdiction Under BNS Section 124(2)?
Offences under BNS Section 124(2) are triable by the Court of Session.
After investigation, the police submit the charge sheet before the competent court. The case is then committed to the Sessions Court, which evaluates witness testimony, medical evidence, forensic reports, and other relevant material before delivering judgment.
Step-by-Step Legal Process Under BNS Section 124(2)
- Reporting of the acid attack or attempted acid attack.
- Registration of FIR by the police.
- Immediate medical treatment of the victim.
- Collection of medical records and injury reports.
- Seizure of acid containers and related evidence.
- Recording of witness statements.
- Arrest of the accused, where necessary.
- Forensic examination of the substance used.
- Collection of documentary and electronic evidence.
- Filing of charge sheet before the competent court.
- Committal of the case to the Court of Session.
- Examination and cross-examination of witnesses.
- Production of medical and expert evidence.
- Final arguments by the prosecution and defence.
- Pronouncement of judgment.
- Sentencing upon conviction.
- Appeal before the appropriate higher court.
Old Law vs New Law (IPC → BNS Mapping)
| IPC Provision | BNS Provision |
|---|---|
| IPC Section 326B | BNS Section 124(2) |
BNS Section 124(2) substantially corresponds to IPC Section 326B. The offence, punishment structure, and legal principles remain largely similar under the new criminal law framework.
Important Case Laws Related to Acid Attack Offences
Laxmi v. Union of India
The Supreme Court issued important directions regarding regulation of acid sales, victim compensation, and measures to prevent acid attacks.
Parivartan Kendra v. Union of India
The Court emphasised the rights of acid attack survivors and highlighted the importance of rehabilitation, compensation, and medical support.
Although these decisions were delivered under the IPC regime, their principles remain relevant for interpreting and enforcing BNS Section 124(2).
Defences Available Under BNS Section 124(2)
Depending on the facts of the case, an accused person may raise several legal defences.
Common defences include:
- False implication.
- Mistaken identity.
- Lack of intention to cause harm.
- Absence of acid or corrosive substance.
- Failure to establish involvement of the accused.
- Insufficient evidence linking the accused to the offence.
- Contradictory witness testimony.
The success of these defences depends on the facts and evidence available in the particular case.
Real-Life Example of BNS Section 124(2)
Suppose A carries a bottle containing a corrosive substance and attempts to throw it on B with the intention of causing facial burns and permanent disfigurement. Before the substance reaches B, bystanders intervene and prevent the attack.
Even though B does not suffer actual injuries, A may still be prosecuted under BNS Section 124(2) because the law specifically criminalises attempts to throw acid with the required intention.
Conclusion
BNS Section 124(2) provides strict punishment for throwing acid or attempting to throw acid with the intention of causing burns, disfigurement, disability, or grievous hurt. The provision recognises the devastating impact of acid attacks and seeks to deter such conduct through mandatory minimum punishment.
By criminalising both completed acts and attempts, the law offers broader protection to potential victims and reinforces the seriousness with which acid-related violence is treated under Indian criminal law.