JUDGMENT :

Kurian, J.

1. Leave granted.

2. In an acid attack, if the injury is simple, whether an offence under Section 326A of the Indian Penal Code (hereinafter referred to as ‘IPC’) is attracted, is the main question for consideration in this case. And if the injury is only simple, whether charge can be framed under Section 326B is the incidental issue.

3. Section 326A was introduced by The Criminal Law (Amendment) Act, 2013 pursuant to the recommendations contained in the Report of the Committee on Amendments to Criminal Law, popularly known as J.S. Verma Committee Report. The pre-amended provision covering such injuries is Section 326. To quote:

“326. Voluntarily causing grievous hurt by dangerous weapons or means.- Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to rec