What laws protect acid attack survivors in India?

The BNS, 2023 retains the harsh sentencing framework the Criminal Law (Amendment) Act, 2013 introduced for acid attacks. Section 124 BNS punishes voluntarily causing grievous hurt by use of acid with imprisonment of not less than 10 years, extendable to life, plus a fine that is paid to the victim to meet medical expenses. The minimum ten-year sentence cannot be reduced — the court has no discretion to go below it. The offence covers throwing, administering or otherwise using acid (or any other corrosive substance) voluntarily, resulting in grievous hurt or permanent damage.

Section 125 BNS covers the attempt — punishable with imprisonment of not less than 5 years, extendable to 7 years, plus fine. It applies even when the attack is unsuccessful, the acid does not reach the target, or no injury is caused. This matters because attempts otherwise slip through when actual harm cannot be proved.

Sentencing tends toward the higher end when there are aggravating factors: multiple victims, pre-meditation, use to disfigure (especially the face), targeting of women, minors or other vulnerable persons, motivation by rejection of a marriage proposal or sexual advance, or caste, religion or community animus. If the attack causes death, Section 103 BNS (murder — life to death) or Section 105 BNS (culpable homicide not amounting to murder — up to 10 years to life) applies instead.

Procedurally, acid cases are tried in the Sessions Court, bail is granted only in exceptional circumstances, fines can be recovered as land revenue, and probation or suspended sentence is not available. India today has among the strictest acid attack sentencing regimes in the world — the minimum-sentence design was deliberate deterrence.

Laxmi v. Union of India, (2014) 4 SCC 427 is the landmark that reshaped India's response to acid attacks. The Supreme Court moved beyond punishment into prevention, medical care and rehabilitation.

On regulating acid sale, the Court directed that sellers must be licensed, purchasers must produce photo ID (Aadhaar, voter ID, etc.), sale registers must record buyer, quantity and purpose, no sale is permitted to under-18s, and there must be recurring inspections with heavy penalties for unlicensed sale. Many states responded by classifying concentrated acid as a 'Schedule X' substance under state Poisons Rules, and by promoting lower-concentration substitutes for legitimate cleaning uses.

On medical treatment, the Court ruled that every hospital — public or private — must provide free emergency and comprehensive treatment. Refusal on payment grounds is not allowed and is itself a punishable act; the state reimburses private hospitals afterwards.

On compensation, the Court set a floor of ₹3 lakh from the state (some states now pay up to ₹8 lakh), with provisional payment within 15 days of the incident and additional amounts based on injury severity. It also directed each state to formulate an action plan — police awareness training, dedicated units in major cities, and periodic compliance reports.

Crucially, the Court read acid attack survivors into the disability framework: survivors with 40%+ disability are 'persons with benchmark disability' under the Rights of Persons with Disabilities Act, 2016, and are entitled to reservations in education and employment, government welfare schemes, and travel concessions.

Implementation across states remains uneven. Follow-up orders have chased compliance for over a decade, and NGOs like Chhaanv Foundation and the Stop Acid Attacks campaign have carried much of the actual survivor support burden.

Support for acid attack survivors comes in layers. Immediate compensation starts at ₹3-8 lakh from the state under Laxmi, with state-specific enhancements: Delhi pays ₹5-10 lakh, Tamil Nadu ₹8 lakh plus medical, Maharashtra ₹3 lakh interim and up to ₹10 lakh final, and Karnataka ₹5 lakh. Applications go through the District Legal Services Authority (DLSA) within six months of the incident; interim compensation is released in 15-30 days, with the final amount based on injury assessment. The NALSA Compensation Scheme for Women Victims/Survivors, 2018 adds a minimum of ₹7 lakh for acid attacks causing disfigurement and ₹50,000-₹2 lakh more for permanent disability, funded through State Legal Services Authorities.

Medical treatment is free at every government hospital and at private hospitals (reimbursed by the state). It covers emergency burn care, multiple reconstructive surgeries (often 30 or more over the years), skin grafts, eye treatment for corneal damage, psychological counselling and vocational rehabilitation. Hospitals must provide immediate treatment and claim reimbursement later — refusal is not lawful.

Disability recognition under the RPwD Act, 2016 opens up educational reservations, public-sector employment reservations, railway and bus concessions, tax benefits under Section 80U IT Act, concessional loans, and disability pensions. A disability certificate from a designated medical authority is the gateway.

Legal support includes a free DLSA lawyer, priority hearing of the criminal case, and witness protection where required. Rehabilitation runs through state vocational training, employment programmes, self-employment loans and skill development. Pension and welfare schemes include state disability pensions and inclusion in poverty alleviation programmes.

Practical, hands-on support comes largely from NGOs — Stop Acid Attacks for survivor solidarity and advocacy, Chhaanv Foundation (its Sheroes Hangout cafés directly employ survivors), the Acid Survivors and Women Welfare Foundation, and local women's rights organisations. For coordinated action, the National Commission for Women, State Commission for Women, and DLSA are the right first calls. Engage a reputable, specialised criminal / civil rights lawyer alongside NGO support.

Following Laxmi v. Union of India, retail acid sale is now regulated under the Poisons Act, 1919 and each state's Poisons Rules. Sellers must obtain a licence from the designated authority — typically the District Magistrate or Drug Controller — renew it annually and submit to compliance audits.

At the counter, the seller must verify photo ID (Aadhaar, voter ID, driving licence, passport) and address proof, record the reason for purchase (industrial use, jewellery work, household cleaning) and keep quantities reasonable for the stated purpose. No sale to under-18s is permitted. A sale register with full buyer details must be maintained, with monthly returns going to the district authority.

Regulation kicks in above concentration thresholds — sulphuric acid above 10%, hydrochloric acid above a similar threshold, and other corrosives; ordinary household products like toilet cleaners are subject to concentration caps rather than licence requirements. Workplace acid requires a Factory Licence and triggers storage, handling and disposal rules, mandatory worker safety equipment, stock and usage records, and reporting of any theft or loss. Online sale is increasingly restricted — several e-commerce platforms have voluntarily stopped selling concentrated acid, and multiple state notifications prohibit online sale, with Drug Licence compliance layered on where applicable.

Non-compliance draws licence cancellation, fines up to ₹50,000, and imprisonment up to 6 months, in addition to the far higher BNS penalties for facilitating an actual attack. Enforcement is patchy — significant black-market availability persists, industrial diversion happens, and unlicensed sellers still operate in smaller towns. If you spot unlicensed sale or suspicious purchase, report to the District Magistrate, Drug Controller, the police (if criminal intent is suspected), or the National Commission for Women where a women's safety angle is involved. NGOs like Stop Acid Attacks have helped shut down many illegal sellers.

Prosecution of acid attacks has become significantly more effective since the 2013 reforms. Registration of an FIR under Section 124/125 BNS is mandatory — police cannot refuse for a cognizable offence — and a Zero FIR can be lodged at any station regardless of jurisdiction. The survivor's statement is recorded under Section 183 BNSS before a Magistrate.

Investigation is led by a senior officer (DSP or above) in serious cases and includes forensic examination of acid samples, medical examination of the survivor, CCTV footage, witness statements, and establishment of motive (rejected proposal, dowry, dispute). Time-bound investigation is expected.

Trial is held in a Sessions Court, in camera to protect the survivor's identity, and is to be completed within two months of the charge sheet under the successor to Section 309 CrPC (Section 346 BNSS). The survivor's testimony is treated as highly credible; cross-examination is routed through the judge rather than direct questioning, and major cities have specialised prosecution units. Evidence typically includes acid samples, medical reports, the survivor's own testimony, CCTV, other witnesses, any confession under Section 183 BNSS, and recoveries from the accused.

Conviction rates, per NCRB data, run around 25-35% — higher than for many serious offences but still low, with better results in metros and specialised units. Failures usually come down to hostile witnesses or evidence gaps. When conviction lands, sentencing sticks closely to the 10-year minimum, with life imprisonment imposed in many high-profile cases (including the Laxmi Agarwal case), death penalty rare, and substantial fines directed to medical expenses. Appeals lie to the High Court within 60 days and thereafter by SLP to the Supreme Court, with survivors participating as victims in the appeal.

Witness protection under the Witness Protection Scheme, 2018 — identity protection, address change, police protection — is particularly important when the accused is community-connected. Through trial, the survivor is supported by a DLSA lawyer, state victim compensation running in parallel, psychological counselling, and media identity protection.

Engage a reputable, specialised criminal lawyer with acid attack experience; combined with strong NGO backing, prosecution outcomes have improved substantially over the past decade. For connected protections see our rape law guide and discrimination remedies.