IMPORTANT POINT
Irrespective of the other seven specified injuries being simple or grievous, sections 362A and 362B are attracted.

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 receive into the blood, or by means of any animal, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

4. “Grievous hurt” is defined under Section 320 of IPC and “hurt” under Section 319 of IPC. To quote:

“319. Hurt.- Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.”

“320. Grievous hurt.- The following kinds of hurt only are designated as “grievous”:-

First - Emasculation.

Secondly - Permanent privation of the sight of either eye.

Thirdly - Permanent privation of the hearing of either ear,

Fourthly - Privation of any member or joint.

Fifthly - Destruction or permanent impairing of the powers of any member or joint.

Sixthly - Permanent disfiguration of the head or face.

Seventhly - Fracture or dislocation of a bone or tooth.

Eighthly - Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.”

5. Injuries caused or attempted to be caused by use of acid, have been, under the amendment, categorized differently as separate or special offences under Sections 326A and 326B of IPC:

“326A. Voluntarily causing grievous hurt by use of acid, etc.- Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine;

Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim;

Provided further that any fine imposed under this section shall be paid to the victim.”

“326B. Voluntarily throwing or attempting to throw acid.- Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.

Explanation 1.- For the purposes of section 326A and this section, "acid" includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or