IPC 326A in the new BNS 2023

If you have been named in an FIR or notice under this section, the section number alone does not decide the outcome — the facts, the evidence and the procedure do. Many cases turn on procedural lapses, bail strategy and the exact ingredients of the offence.

Acid attack was made a distinct offence in 2013, following the Justice Verma Committee, precisely because the general grievous hurt provisions did not reflect its severity or its permanence. Under the BNS it sits at Section 124, and it carries one of the highest minimum sentences in the Sanhita for an offence that does not result in death.

What the section requires

For the offence to be made out, these ingredients have to be established:

• the accused caused permanent or partial damage or deformity, or burns, maiming, disfigurement or disability, or grievous hurt
• the injury was caused by throwing acid on the person, administering acid to them, or using any other means with the intention or knowledge that such injury was likely
• the act was voluntary

What changed from the IPC

The offence and the punishment are carried over from IPC 326A and 326B without substantive change, and both limbs sit in the same section. Section 124(1) covers causing grievous hurt by acid and carries rigorous imprisonment of not less than ten years, which may extend to imprisonment for life, together with a fine. Section 124(2) covers throwing or attempting to throw acid, or administering or attempting to administer it, with the intention of causing permanent or partial damage or deformity, and carries rigorous imprisonment of not less than five years which may extend to seven years, together with a fine. The requirement carried over from the IPC that the fine be just and reasonable to meet the medical expenses of the victim, and that it be paid to the victim, is retained.

How this section is distinguished from related offences

The section stands apart from the general hurt provisions because of the means used and the permanence of the harm. Grievous hurt by dangerous weapons under Section 118(2) carries a minimum of one year against ten here, and the general grievous hurt provision at Section 117(2) carries seven years with no minimum. The crucial distinction within Section 124 itself is between the two sub-sections: 124(1) requires that injury was actually caused, while 124(2) covers throwing or attempting to throw acid where the intended injury did not result, and the difference in minimum sentence between them is five years. Where death results, the homicide provisions apply. Where the intention was to cause death, attempt to murder under Section 109 may be charged in addition.

How the case proceeds

The offence is cognizable, non-bailable and non-compoundable and is tried by a Court of Session. Beyond the criminal proceedings, a separate framework operates: the Supreme Court's directions in Laxmi v Union of India led to restrictions on the retail sale of acid and to a compensation scheme, and victims are entitled to free medical treatment including reconstructive surgery at both public and private hospitals, with compensation payable under the victim compensation scheme independently of the outcome of the prosecution. Those entitlements are frequently unknown to victims and are worth raising at the earliest stage.

Evidence that usually decides these cases

The medical evidence is central and unusually detailed in these cases, because the extent, permanence and progression of the injury is what brings the case within Section 124(1) and what determines sentence. The complete hospital record, including the initial examination, the operative notes, the record of successive reconstructive procedures and the assessment of permanent disability, is the core material. Chemical analysis identifying the substance used is required, and the recovery of the container and its forensic examination connects it to the accused. Identification is the other central strand, and where the assailant was unknown the test identification parade and its conduct are examined closely. CCTV, call records and evidence of prior threats or a prior relationship between the parties complete the picture, and evidence of the purchase of acid, now subject to record-keeping requirements, is frequently significant.

How courts approach sentencing

Under Section 124(1), rigorous imprisonment of not less than ten years, which may extend to imprisonment for life, together with a fine. The fine is to be just and reasonable to meet the medical expenses of the treatment of the victim and is payable to the victim. Under Section 124(2), rigorous imprisonment of not less than five years which may extend to seven years, together with a fine.

Defences that commonly apply

Identification is the principal contested issue where the assailant was not known to the victim, and the conduct of any test identification parade, its timing and whether the accused was shown to witnesses beforehand are the recognised grounds of challenge. Where the accused was known, the defence typically turns on establishing an alibi supported by objective records, or on disputing that the substance used or the manner of its use was as alleged. Where the injury does not meet the threshold of grievous hurt, or where the acid did not make contact, the case may fall under Section 124(2) rather than 124(1), and that reduction is significant given the difference in minimum sentence. Absence of the intention or knowledge required is available where the exposure was accidental, which arises in industrial and workplace contexts.

How a case under this section typically progresses

The case begins with an FIR and the immediate medical treatment of the victim, which is usually prolonged and involves successive procedures over months or years — the medical record therefore continues to develop long after the charge sheet is filed. Investigation covers chemical analysis, recovery and identification. The case is committed to a Court of Session. Applications for interim compensation and for directions regarding free treatment can and should be made early, since they do not depend on the progress of the prosecution.

Documents worth gathering early

Assemble the complete medical record rather than a summary: the initial examination, admission notes, operative records for every procedure, photographs taken at each stage, and any assessment of permanent disability or disfigurement, since the extent and permanence of the injury determines both the sub-section and the sentence. Obtain the chemical analysis report identifying the substance and the seizure and forensic records for any container recovered. Secure the test identification parade record where identification is in issue. Where acid was purchased, the sale records now required under the regulatory framework are directly relevant. For the victim, keep every medical bill and record for the compensation claim, which proceeds independently of the criminal case. Request CCTV in writing immediately.

Note on bail and cognizability. Whether an offence is cognizable, and whether it is bailable, is set by the First Schedule to the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, not by the BNS section itself. Because that classification decides whether police can arrest without a warrant and how bail is approached, check it for your specific section with an advocate rather than relying on a general summary.

If you have been named under this section

Two things determine the shape of the case. The first is which sub-section applies, since the difference between causing grievous hurt and throwing or attempting to throw acid is a minimum of ten years against five. The second is identification, because these attacks are frequently sudden and the victim's ability to identify the assailant is the central question, particularly where the face was covered or the attack occurred from behind. Given the minimum sentences, this is not a matter to approach without representation from the outset.

Common misunderstandings

"It is prosecuted as ordinary grievous hurt."
It is a distinct offence under Section 124 with a minimum of ten years, against seven years and no minimum under the general grievous hurt provision.

"An attempt is treated the same as the completed act."
It is not. Throwing or attempting to throw acid falls under Section 124(2), carrying five to seven years, against ten years to life under 124(1) where grievous hurt is actually caused.

"Compensation depends on the conviction."
It does not. Victims are entitled to free medical treatment including reconstructive surgery, and to compensation under the victim compensation scheme, independently of the outcome of the prosecution.

"Acid can be bought freely."
Retail sale is regulated following the Supreme Court's directions in Laxmi v Union of India, which require records of sale, identification of the purchaser and restrictions on over-the-counter availability.

Related BNS sections

• BNS 124 — Voluntarily causing grievous hurt by use of acid
• BNS 118 — Grievous hurt by dangerous weapons (IPC 326)
• BNS 117 — Voluntarily causing grievous hurt (IPC 325)
• BNS 109 — Attempt to murder (IPC 307)

Which code applies to your case

The Bharatiya Nyaya Sanhita 2023 replaced the Indian Penal Code 1860 with effect from 1 July 2024, and the change is not retrospective. The date the offence is alleged to have been committed decides which code governs it. An offence alleged to have occurred on or after 1 July 2024 proceeds under the BNS. An offence alleged to have occurred before that date continues to be investigated, tried, appealed and punished under the IPC, even where the FIR was registered later. Cases from the transition period frequently cite both numbering systems, which is why the old section number remains worth knowing.

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General information for understanding the IPC→BNS change, not legal advice. The BNS restructured many offences — confirm the exact section, sub-section and punishment with a licensed advocate.