law optional 2022 paper II solved

(c) भारतीय दण्ड संहिता, 1860 की धाराएँ 326-A और 326-B की प्रभावशीलता का विश्लेषण कीजिये। लक्ष्मी बनाम भारत संघ के मामले, 2015 में भारत के सर्वोच्च न्यायालय ने क्या अतिरिक्त सुझाव दिये हैं?

Verified Answer
  1. Core Legal Answer & Context: Sections 326-A and 326-B were introduced into the Indian Penal Code (IPC) in 2013, specifically to address the heinous crime of acid attacks, following widespread public outcry and judicial intervention. Section 326-A penalizes voluntarily causing grievous hurt by the use of acid, prescribing a minimum punishment of ten years imprisonment, extendable to life imprisonment, along with a fine. Section 326-B penalizes voluntarily throwing or attempting to throw acid, or administering acid, with the intention of causing grievous hurt, prescribing a minimum of five years imprisonment, extendable to seven years, and a fine. These sections have significantly enhanced the punitive framework for acid attacks, making them non-bailable and cognizable offenses. Their effectiveness lies in providing a strong deterrent and ensuring severe punishment for perpetrators, thereby acknowledging the extreme physical and psychological trauma inflicted on victims. However, challenges remain in their implementation, including the easy availability of acid, difficulties in securing convictions, and the need for comprehensive victim support.

  2. Relevant Statutes and Sections:

    • Indian Penal Code, 1860:
    • Section 326-A: Voluntarily causing grievous hurt by use of acid, etc.
    • Section 326-B: Voluntarily throwing or attempting to throw acid.
    • Code of Criminal Procedure, 1973: Relevant for victim compensation schemes and trial procedures.
  3. Important Landmark Cases:

    • Laxmi v. Union of India (2014) 4 SCC 427 and subsequent orders in 2015: This is the pivotal case. The Supreme Court, in its initial judgment in 2013 and subsequent orders in 2015, issued comprehensive guidelines to address acid attacks, going beyond mere penal provisions. The key suggestions and directives included:
    • Regulation of Acid Sale: Strict regulation of over-the-counter sale of acid, requiring sellers to obtain a license, maintain a register of sales (including buyer's name, address, and quantity sold), and prohibiting sale to minors. It also mandated that acid should not be sold unless the buyer provides a photo ID and specifies the purpose of purchase.
    • Victim Compensation: Mandated a minimum compensation of Rs. 3 lakh for acid attack victims, to be paid by the State/Union Territory government within 15 days of the incident. It also directed the establishment of Victim Compensation Funds.
    • Free Medical Treatment and Rehabilitation: Directed all hospitals (private and public) to provide free first-aid and medical treatment, including reconstructive surgeries, to acid attack victims. It also emphasized the need for rehabilitation, including employment opportunities.
    • Public Awareness: Called for public awareness campaigns to highlight the severity of acid attacks and the legal consequences.
    • Inclusion in Disability List: Suggested that acid attack victims be included in the list of physically disabled persons to avail benefits under relevant schemes.
  4. Clear Conclusion: Sections 326-A and 326-B of the IPC have been effective in providing a robust legal framework for punishing acid attackers with severe penalties, thereby acting as a deterrent. However, their true effectiveness is significantly bolstered by the comprehensive and proactive guidelines issued by the Supreme Court in Laxmi v. Union of India. These judicial directives, focusing on prevention through acid sale regulation, victim compensation, free medical care, and rehabilitation, represent a holistic approach that goes beyond mere punitive measures, aiming to address the root causes and mitigate the devastating consequences of acid attacks on victims.