Acid-attackers forcing victims to ingest acid must be tried under Attempt to Murder: SC

NEW DELHI: The Supreme Court on Thursday observed that acid-attackers must be tried under the provision of Attempt to Murder under penal laws, in cases where they are accused of forcibly making the victim ingest the acid.

A bench of CJI Surya Kant and Justice Joymalya Bagchi stated that there should be no doubt that such cases must be tried under Attempt to Murder and not under the provision of Voluntarily causing grievous hurt.

“There should not be any second opinion. These matters must be tried on the provision of 307 (Attempt to Murder: Section 307 of the erstwhile IPC, Section 109 in BNS). In the penal laws also an exception can also be added in the most heinous and inhumane cases. These people (attackers) have no right to roam in society. They are a threat to society, a threat to civilian people and a threat to the rule of law”, CJI Kant said.

The Court was hearing a PIL plea filed by a 2009 acid-attack survivor and founder of NGO Brave Souls Foundation, Shaheen Malik, who sought that the victims of forceful acid ingestion must be recognised and included in the definition of “acid attack victims” under the Rights of Persons with Disabilities Act, 2016 (RPwD Act).

“These individuals suffer from severe and lasting internal injuries that significantly impair their ability to perform basic life functions like eating, swallowing, and speaking; yet they are currently unable to access the statutory support systems available to other acid attack survivors”, the plea stated.

Thus, the plea contends that excluding victims who were disabled due to the forceful ingestion or administration of acid from the definition of “acid attack victims” under the Rights of Persons with Disabilities Act, 2016, is arbitrary and unconstitutional. Thus, it seeks that the said Act shall include such victims within the category of “acid attack victims”.

During the hearing, the Solicitor General of India, Tushar Mehta, stated that all the issues raised in the petition will be duly considered by the competent authority and an appropriate policy will be framed.

“Let the needful be done within a period of six weeks”, the Court noted after hearing submissions.

Another issue flagged by the plea was with respect to the pendency of trials in acid-attack cases across the country. Taking note of the same, the court has earlier sought status reports from all High Courts across the country.

Today, it took note of the status reports filed by High Courts, including the High Court of Jammu and Kashmir and Ladakh.

The Court was informed that trials in five such cases are pending in Jammu and Kashmir and Ladakh. Thus, it requested the High Court to issue necessary instructions for prioritising the conclusion of the trial in all five pending cases.

Earlier, the top court had also taken note of the pendency of the trial in the petitioner Shaheen’s case before the Rohini court. Today, it was informed that the trial has reached its final stages and is likely to be concluded by the end of this month. Thus, it asked the Court to conclude the trial by December 31.

Noting that several States and Union Territories have schemes providing compensation and other benefits to acid-attack victims, the Court issued notice to all States and UTs, directing them to respond to the plea seeking amendments to their schemes to include victims of forcible acid ingestion.
The Court has listed the matter to be heard next on January 26, 2026. (ANI)