Supreme Court Rules Forced Acid Ingestion Cases Must Be Tried as Attempted Murder
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The Supreme Court has scheduled the next hearing on January 26, 2026.
New Delhi:
On Thursday, the Supreme Court declared that individuals who force victims to ingest acid should be prosecuted under Attempt to Murder provisions rather than under lesser charges.
Chief Justice Surya Kant and Justice Joymalya Bagchi emphasized that such cases must unequivocally be tried under Attempt to Murder instead 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," stated CJI Kant.
The Court was addressing a PIL submitted by Shaheen Malik, a 2009 acid-attack survivor and founder of NGO Brave Souls Foundation. Her petition seeks to include victims of forced acid ingestion in the definition of "acid attack victims" under the Rights of Persons with Disabilities Act, 2016 (RPwD Act).
The petition highlighted that "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 argues that excluding victims disabled by forceful acid ingestion from the definition of "acid attack victims" under the RPwD Act is arbitrary and unconstitutional, and seeks amendment to include such victims within this category.
During proceedings, Solicitor General Tushar Mehta assured that all issues raised in the petition would be considered by the competent authority and an appropriate policy would be formulated.
The Court directed that "the needful be done within a period of six weeks" after hearing submissions.
The petition also raised concerns about pending trials in acid-attack cases nationwide. The Court had previously requested status reports from all High Courts across India.
Today, the Court reviewed status reports from various High Courts, including Jammu and Kashmir and Ladakh. Learning that five such cases remain pending in these regions, the Court requested the High Court issue instructions to prioritize concluding trials in all pending cases.
Previously, the Supreme Court had noted the pending trial of petitioner Shaheen's case at the Rohini court. Today, the Court was informed that the trial has reached its final stages and should conclude by month's end, thus directing completion by December 31.
Acknowledging that several States and Union Territories have compensation schemes for acid-attack victims, the Court issued notices to all States and UTs, directing them to respond to the plea seeking amendments to include victims of forcible acid ingestion in their schemes.
The Supreme Court has scheduled the next hearing for January 26, 2026.
Source: https://www.ndtv.com/india-news/forcing-victim-to-consume-acid-must-be-tried-as-attempted-murder-top-court-9794688