Acid Attacks in India. Should Strict Liability be the norm?

An analysis from the strict liability perspective of the acid attack clause in the Criminal Law (Amendment) Act, 2013 of India

Research Paper (postgraduate) , 2014 , 16 Pages , Grade: 6.30/7

Law - Criminal process, Criminology, Law Enforcement

This article deals with the Indian Criminal Law Amendment Act, 2013 which was passed as a reaction after the 2012 gang rape case that happened in Delhi and signaled that it was time to change the penal laws for the protection of women.

One change included in the act was Section 326A – relating to acid attacks. This section is gender neutral in nature and this article studies the judicial history of acid attacks and of section 326A, along with providing a critical analysis of the provision in the legislation.

Finally, this article shall study and conclude on the application of ‘strict liability’ on this provision and provide the author’s views on the same whether the legislation we have is adequate enough or not, or what addition should have been made by the government on the face of it from the Law Commission Report.

Table of Contents

Introduction

Ravinder Singh v. State of Haryana

Gulab Sahiblal Shaikh v. The State of Maharashtra

Marepally Venkata Sree Nagesh v. State of Andhra Pradesh

Balu v. State (represented by the Inspector of police)

Devanand v. The State

Ramesh Dey and ors. v. State of West Bengal

Ram Charittar and Anr. etc. v. State of Uttar Pradesh etc.

Awadhesh Roy v. State of Jharkhand

State (Delhi Administration) v. Mewa Singh

Acid Attack and Strict Liability

Absolute crimes

Intentional Crimes

The Conclusion: Should it be a strict liability?

Bibliography

Books

Journals

Internet Sources

• Course: B.A. LL.B. (Hons.)
• Grade: 6.30/7
• Author: Debadatta Bose (Author)
• Publication Year: 2014
• Pages: 16
• Catalog Number: V307901
• ISBN (eBook): 9783668059382
• ISBN (Book): 9783668059399
• Language: English
• Tags: acid attack, criminal law, strict liability, indian penal code, criminal law amendment act, nirbhaya, säureattacke