The Allahabad High Court has held that Section 326A IPC can be invoked even when the Acid Attack victim suffers no grievous injury.
The single-judge bench of Justice Om Prakash Tripathi observed that grievous hurt to an acid attack survivor is not mandatory in each case.
The Court clarified that in the provision, the word 'or' has been used, as it says 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, shall be punished with imprisonment for a term which shall not be less than ten years but which may extend to life imprisonment.
It was therefore observed that any act of the above would be suffice to invoke the said section.
IPC Section 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."
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