Answer By law4u team
Acid attack victims in India have access to a comprehensive framework of legal remedies, financial compensation, free medical care, and rehabilitation measures under criminal law, statutory mandates, and Supreme Court guidelines. 1. Criminal Law Remedies and Penalties The primary legal recourse for an acid attack victim begins with the registration of a First Information Report (FIR) under the Bharatiya Nyaya Sanhita (BNS) or the erstwhile Indian Penal Code (IPC). Under Section 124 of the Bharatiya Nyaya Sanhita (BNS) which corresponds to Section 326A of the Indian Penal Code (IPC), voluntarily causing grievous hurt by use of acid or similar corrosive substance is a heinous, non-bailable, and cognizable offense. The punishment for this offense is rigorous imprisonment for a term of not less than ten years, which can extend to imprisonment for life, along with a fine. Section 125 of the Bharatiya Nyaya Sanhita (BNS) corresponding to Section 326B of the Indian Penal Code (IPC) penalizes the attempt to throw or administer acid, carrying a punishment of rigorous imprisonment ranging from five to seven years, along with a fine. Furthermore, any fine imposed by the court under Section 124 of the Bharatiya Nyaya Sanhita (BNS) must be just and reasonable to meet the medical expenses of the treatment of the victim, and any fine so imposed shall be paid directly to the victim. 2. Mandatory Free Medical Treatment Under Section 357C of the Code of Criminal Procedure (CrPC) and the corresponding provisions in the Bharatiya Nagarik Suraksha Sanhita (BNSS), all hospitals, whether public or run by the central government, state government, local bodies, or private management, must immediately provide first-aid or medical treatment free of cost to the victims of any offense covered under Section 124 of the Bharatiya Nyaya Sanhita (BNS), and they must immediately inform the police of such incident. The Supreme Court of India in landmark judgments has strictly mandated that no hospital or clinic can refuse treatment to acid attack victims on the grounds of procedural formalities or want of police clearance. Refusal to provide immediate medical treatment attracts penal consequences for the medical facility and personnel involved. 3. Statutory Compensation Schemes Victims are entitled to substantial monetary compensation from the state government. Under Section 357A of the Code of Criminal Procedure (CrPC) and the corresponding Bharatiya Nagarik Suraksha Sanhita (BNSS) provisions, every state government, in coordination with the central government, has formulated a Victim Compensation Scheme. The National Legal Services Authority (NALSA) has formulated a specific Compensation Scheme for Women Victims or Survivors of Sexual Assault and Other Crimes, which prescribes a minimum compensation of seven lakh rupees for acid attack victims with facial disfigurement or high percentage of burns, which can go up higher depending on the gravity of the injuries and the cost of plastic surgery and ongoing rehabilitation. This compensation is awarded by the State Legal Services Authority (SLSA) or District Legal Services Authority (DLSA) upon an application made by the victim, the police, or the court, and it is entirely independent of the final outcome of the criminal trial. Interim compensation must also be disbursed to the victim within fifteen days of the interim application being made to ensure immediate sustenance and medical care. 4. Right to Free Legal Aid Acid attack victims have an absolute right to free legal aid and representation throughout the investigation, trial, and appellate stages. Under the Legal Services Authorities Act, 1987, women and victims of acid attacks are classified as persons entitled to free legal services without any requirement of meeting a ceiling on income. The District Legal Services Authority (DLSA) provides a competent panel advocate to represent the victim in court, assist in filing compensation claims, and pursue the criminal prosecution vigorously against the accused without the victim having to bear any legal fees. 5. Administrative and Rehabilitation Measures In pursuance of Supreme Court directives, the central and state governments have implemented strict regulations regarding the sale and retail distribution of acid. Over-the-counter sale of acid is banned unless the seller maintains a detailed register recording the name and address of the buyer, the quantity sold, and the specific purpose for the purchase, backed by a photo identity proof. Educational institutions, laboratories, and industrial units storing acid must maintain safety logs and designate a responsible person for its custody. Additionally, state governments are mandated to provide holistic rehabilitation to acid attack victims, which includes free psychological counseling, vocational training, priority in housing and educational admissions, and directives declaring acid attack victims as persons with benchmark disabilities under the Rights of Persons with Disabilities Act, 2016, to ensure they can secure employment in government and private sectors with appropriate reservations and accommodations.
