BNS Section 124 (Old IPC 326A): Acid Attack – Punishment, Bail & Procedure

Introduction

BNS Section 124 deals with the offence of voluntarily causing grievous hurt by acid under the Bharatiya Nyaya Sanhita, 2023. Acid attacks are among the most serious offences against the human body because they often result in permanent disfigurement, disability, severe pain, psychological trauma, and lifelong medical treatment.

The section corresponds to the former IPC Section 326A and provides stringent punishment for persons who cause grievous hurt through acid or other corrosive substances.

In this article, you will learn what BNS Section 124 covers, its punishment, bail provisions, court jurisdiction, legal procedure, victim compensation, and how it compares with the old IPC Section 326A.

What is BNS Section 124?

BNS Section 124 applies when a person causes permanent or partial damage, deformity, burns, maiming, disfigurement, disability, grievous hurt, or a permanent vegetative state by throwing acid, administering acid, or using any other similar means.

The offence is committed when the act is done intentionally or with the knowledge that such serious injury is likely to occur.

The law also covers attempts to throw or administer acid with the intention of causing such injuries.

Bare Act Text

Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables any part of the body of a person or causes grievous hurt by throwing acid on or administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt or causes a person to be in a permanent vegetative state, shall be punished with imprisonment which shall not be less than ten years but which may extend to imprisonment for life, and with fine.

Victim Compensation

The fine imposed shall be just and reasonable to meet the medical expenses of the treatment of the victim.

Any fine imposed under this section shall be paid to the victim.

Punishment for Attempt

Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person with the intention of causing permanent or partial damage, deformity, burns, maiming, disfigurement, disability or grievous hurt shall be punished with imprisonment of not less than five years but which may extend to seven years and shall also be liable to fine.

Explanation 1

"Acid" includes any substance having acidic, corrosive, or burning characteristics 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 need not be irreversible for the section to apply.

In Simple Words

BNS Section 124 punishes a person who throws acid or a corrosive substance on another person, causing serious injuries such as burns, disfigurement, disability, deformity, or grievous hurt. Even an attempt to commit an acid attack is separately punishable.

Essential Ingredients of BNS Section 124

For an offence under BNS Section 124 to be established, the prosecution generally has to prove:

1. Acid or a corrosive substance was used.
2. The accused acted intentionally or with knowledge.
3. The act caused grievous hurt, burns, disfigurement, disability, deformity, or similar injury.
4. There was a direct connection between the act and the injury.
5. The victim suffered harm contemplated by the section.

Punishment Under BNS Section 124

A person convicted under BNS Section 124 may be punished with:

• Imprisonment of not less than 10 years;
• Imprisonment may extend to life imprisonment; and
• Fine.

Medical Expenses

The fine imposed by the court must be sufficient to help meet the victim's medical treatment expenses.

The law specifically provides that the fine shall be paid to the victim.

Punishment for Attempted Acid Attack

A person who attempts to throw acid or administer acid may be punished with:

• Imprisonment of not less than 5 years;
• Imprisonment may extend to 7 years; and
• Fine.

Classification of the Offence

Meaning of the Classification

Since the offence is cognizable, the police may immediately register an FIR and begin investigation.

The offence is non-bailable due to its serious nature and severe consequences for the victim.

The offence is non-compoundable and cannot ordinarily be settled privately between the parties.

Cases under BNS Section 124 are triable by the Court of Session.

Bail Under BNS Section 124

BNS Section 124 is a non-bailable offence.

An accused person may apply for bail before the competent court. While considering bail, courts generally examine:

• The seriousness of the allegations.
• The nature of injuries suffered by the victim.
• Medical evidence.
• The possibility of witness intimidation.
• Other relevant circumstances.

The grant of bail depends on the facts of each case.

Which Court Has Jurisdiction?

Offences under BNS Section 124 are triable by the Court of Session.

After investigation and filing of the charge sheet, the case is committed to the Sessions Court for trial.

Step-by-Step Legal Process

1. Registration of FIR.
2. Immediate medical treatment of the victim.
3. Police investigation.
4. Collection of medical reports and forensic evidence.
5. Recording of witness statements.
6. Arrest of the accused where necessary.
7. Filing of charge sheet.
8. Committal to the Court of Session.
9. Framing of charges.
10. Examination of witnesses.
11. Defence evidence.
12. Final arguments.
13. Judgment.
14. Sentencing upon conviction.
15. Appeal before the higher court.

IPC Section 326A vs BNS Section 124

BNS Section 124 substantially continues the provisions previously contained in IPC Section 326A while maintaining strict punishment and victim-focused compensation provisions.

Important Case Laws

Laxmi v. Union of India (2014)

The Supreme Court issued important directions regarding regulation of acid sales and compensation for acid attack victims.

Parivartan Kendra v. Union of India (2016)

The Supreme Court emphasized rehabilitation, compensation, and medical support for survivors of acid attacks.

Defences Available to the Accused

Depending upon the facts of the case, the accused may raise the following defences:

• False implication.
• Lack of identification.
• Absence of intention or knowledge.
• Lack of evidence connecting the accused to the attack.
• Mistaken identity.
• Procedural irregularities in investigation.

The success of any defence depends upon the evidence produced before the court.

Real-Life Illustration

Suppose A throws acid on B with the intention of causing permanent disfigurement. As a result, B suffers severe burns and facial deformity requiring multiple surgeries. In such circumstances, A may be prosecuted under BNS Section 124 and may face imprisonment of not less than ten years, extending up to life imprisonment.

Even if the acid attack attempt fails and no injury is ultimately caused, the accused may still be punished for the attempt under this section.

Conclusion

BNS Section 124 is one of the most stringent provisions under the Bharatiya Nyaya Sanhita, 2023. It addresses acid attacks and other similar acts that cause severe bodily harm, disfigurement, disability, or permanent trauma. The offence is cognizable, non-bailable, and non-compoundable, reflecting its grave nature. Understanding BNS Section 124 helps individuals understand the legal consequences, punishment, bail provisions, victim compensation, and procedural aspects relating to acid attacks under Indian law.