Essential Ingredients of Acid Attack
Legal definition and elements of acid attack under Section 124 BNS
What Constitutes an Acid Attack?
Under Section 124 of the Bharatiya Nyaya Sanhita (BNS), 2023, an acid attack is a cognizable, non-bailable offence. The following are its essential legal ingredients:
1. Use of Acid or a Corrosive Substance
The accused must have thrown or administered acid or any other corrosive substance on the victim. "Acid" includes any substance—liquid, solid, or gas—which has burning or corrosive properties that can cause bodily injury, deformity, or disfigurement.
2. Intent or Knowledge
The act must be done with intent to cause injury, deformity, or disfigurement, or with the knowledge that it is likely to cause such harm. Accidental exposure does not satisfy this ingredient.
3. Resultant Injury or Harm
The act must result in permanent or partial damage or deformity to the body of the victim. This includes burns, disfigurement of face, hands, or body, damage to eyes, or any other grievous hurt caused by the corrosive substance.
4. Identity of the Accused
The prosecution must establish that it was the accused who caused or attempted the act. Eyewitness testimony, CCTV footage, or forensic evidence is typically used to identify the perpetrator.
Key Legal Points
Cognizable Offence: Police can register FIR and arrest without a magistrate's order.
Non-Bailable: Bail can only be granted by a court, not by police.
Attempt is also Punishable: Even an attempt to cause acid attack (Section 124(2) BNS) is a serious offence punishable with up to 7 years of imprisonment.
Burden of Proof: Lies with the prosecution to prove all essential ingredients beyond reasonable doubt.