Source: Delhi High Court

Why in News?

Recently, the Delhi High Court in the matter of Rashmee Kansal v. The State and Anr., has held that under the provisions of Section 326B of the Indian Penal Code, 1860 (IPC), an offence is made out only if a person throws or attempts to throw acid on another person, and not any other liquid or substance.

What was the Background of Rashmee Kansal v. The State and Anr. Case?

• The petitioner is the sister-in-law of the respondent, and both reside in a common property.
• On 16^th March 2017, a call was received by the police from the son of the respondent stating that someone had thrown acid on his mother.
• First Information Report (FIR) was registered under Sections 326B and 506 of the IPC.
• Counsel appearing on behalf of the petitioner stated that the present FIR is frivolous and vexatious and has been filed by the respondent in order to harass the petitioner due to ongoing property dispute between the parties.
• The present petition has been filed before the Delhi High Court for quashing of FIR under Sections 326B and 506 of IPC.
• Allowing the petition, the Delhi HC quashed the FIR.

What were the Court’s observations?

• Justice Amit Bansal observed that under the provisions of Section 326B of IPC, an offence is made out only if a person throws or attempts to throw acid on another person, and not any other liquid or substance.
• The Court further added that if indeed the liquid that was thrown on the respondent by the petitioner was acid, then the respondent would have suffered external injuries and traces of the acid would have been found on her body

What are the Relevant Legal Provisions Involved?

Section 326B, IPC

• This Section was inserted by the Criminal Law (Amendment) Act, 2013 and deals with voluntarily throwing or attempting to throw acid. It states that -

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 permanent disability.


Explanation 2.—For the purposes of section 326A and this section, permanent or partial damage or deformity shall not be required to be irreversible.

• This is a gender-neutral section which aims to prevent acid-attack crimes against everyone on the gender spectrum.
• The offence under this section is cognizable, non-bailable, and triable by a Court of Session.

Section 506, IPC

• This section deals with punishment for criminal intimidation. It states that -

Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

If threat be to cause death or grievous hurt, etc. and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

• Criminal Intimidation has been defined under Section 503 of IPC