Acid Attack Victim Rights in India: Legal Protection and Compensation
By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Criminal Law
Acid attacks are among the most brutal crimes causing permanent disfigurement, severe physical pain, and lifelong psychological trauma. Furthermore, Indian law specifically and severely punishes acid attacks with imprisonment up to life while providing comprehensive rights to survivors regarding medical treatment, compensation, and rehabilitation. Importantly, every acid attack survivor has immediate, enforceable legal rights from the moment of the attack. Advocate Ganta Surya Kiran at 19 Law Chambers ensures that acid attack survivors and their families know and enforce every right available to them.
The Law Against Acid Attacks — Section 326A and 326B IPC/BNS
The Criminal Law Amendment Act, 2013 enacted following the Nirbhaya case — introduced specific provisions for acid attacks. Specifically:
Section 326A IPC/BNS — Voluntarily Causing Grievous Hurt by Use of Acid: Punishment is minimum 10 years rigorous imprisonment, extendable to life imprisonment, plus a fine that must be paid to the survivor as compensation. Importantly, this is one of the few provisions where the law mandates that the fine must be specifically used for the victim’s medical expenses and rehabilitation not deposited to the government.
Section 326B IPC/BNS — Voluntarily Throwing Acid: Even attempting to throw acid without causing any injury is punishable with minimum 5 years, extendable to 7 years, plus fine. Consequently, the law punishes even failed acid attacks severely.
Regulation of Acid Sales: The Supreme Court in Laxmi v. Union of India (2013) directed: over-the-counter acid sales are banned, purchasers must provide photo ID and reason for purchase, sellers must maintain a register of all acid sales, and state governments must implement these regulations strictly. Consequently, sellers who violate these rules face prosecution.
Immediate Rights of Acid Attack Survivors
Right to Free Medical Treatment — Regardless of FIR Every government and private hospital must provide free medical treatment to acid attack survivors without waiting for an FIR or any police paperwork. Specifically, Section 357C CrPC mandates this right explicitly. Furthermore, hospitals cannot demand any advance payment or insurance before beginning treatment. Consequently, if any hospital refuses treatment or demands payment call the police immediately this refusal itself is a criminal offence.
Right to Immediate FIR Registration Without Delay Police must register an FIR immediately on any complaint of an acid attack without any waiting period, without questioning the survivor excessively, and without doubting the survivor’s account. Furthermore, female police officers must record the statement where possible. Read: How to File FIR India.
Right to State Compensation Every state in India must provide interim compensation to acid attack survivors from the Victim Compensation Fund. Specifically, the Supreme Court directed minimum compensation of Rs 3 lakh for acid attack survivors many states provide significantly more. Furthermore, the District Legal Services Authority (DLSA) processes compensation claims quickly often within 60 days. Importantly, this compensation is available regardless of whether the accused is convicted or even arrested. Consequently, contact DLSA Visakhapatnam immediately after the attack for compensation assistance.
Right to Free Legal Aid Throughout Trial Every acid attack survivor receives free legal representation through DLSA throughout the criminal trial. Furthermore, this legal aid is entirely free the survivor pays nothing for advocate services. Read: Free Legal Aid in Andhra Pradesh.
Right to Privacy — Identity Protection Media cannot publish the acid attack survivor’s identity without their express consent. Moreover, courts conduct trials with specific identity protection measures. Consequently, survivors who wish to remain anonymous are legally protected from media exposure.
Claiming Full Compensation for Acid Attacks
State Victim Compensation: Apply immediately through DLSA for the state-mandated minimum compensation. Furthermore, AP’s victim compensation scheme provides compensation contact DLSA Visakhapatnam for the exact current amount.
Court-Ordered Compensation: Section 357A CrPC mandates courts to award compensation to crime victims. Specifically, present all medical bills, rehabilitation expenses, loss of income, and psychological treatment costs before the criminal court. Moreover, courts award significant additional compensation beyond the minimum scheme.
Civil Suit for Damages: File a civil suit against the accused for: past and future medical expenses, surgeries and rehabilitation, loss of income past and future, compensation for permanent disfigurement and disability, and compensation for mental and psychological suffering. Furthermore, courts award substantial civil damages in acid attack cases running into tens of lakhs to crores depending on the severity.
Frequently Asked Questions
Q: The hospital is refusing to treat my family member who is an acid attack victim. What should I do immediately?
Call 100 (police) and 108 (emergency ambulance) simultaneously. Furthermore, specifically mention Section 357C CrPC mandatory free treatment for acid attack victims. Moreover, call 181 (women helpline) in AP. The hospital must begin treatment immediately failure to do so makes them criminally liable. Consequently, do not waste time arguing with hospital staff — call police who will compel immediate treatment.
Q: The accused has been arrested. When will the survivor get compensation?
State compensation from the Victim Compensation Fund does not depend on the accused’s arrest or conviction. Specifically, apply to DLSA immediately for interim compensation this is processed based on the FIR and medical records alone. Moreover, the accused’s criminal conviction results in additional court-ordered compensation. Consequently, pursue state compensation immediately do not wait for trial conclusion.
Q: Can a male acid attack victim also claim these rights?
Yes — all rights described above apply equally to male acid attack victims. Specifically, Section 326A IPC uses gender-neutral language. Furthermore, free medical treatment, state compensation, and legal aid are equally available to male survivors. Free legal aid: NALSA — nalsa.gov.in.
Also read: Rape Law India Victim Rights | Women Safety Lawyers Visakhapatnam | Best Criminal Lawyers Vizag
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