The Supreme Court on Thursday said that acid attackers who forcibly make victims ingest acid must be tried under the provision of Attempt to Murder under penal laws.
A bench of CJI Surya Kant and Justice Joymalya Bagchi observed that there should be no ambiguity in prosecuting such offenders under Section 307 (Attempt to Murder) rather than under provisions relating to voluntarily causing grievous hurt.
“There should not be any second opinion. These matters must be tried under Section 307 (Attempt to Murder: Section 307 of the erstwhile IPC, Section 109 in BNS). An exception can also be added in penal laws for the most heinous and inhumane cases. These people (attackers) have no right to roam in society. They are a threat to society, to civilians, and to the rule of law,” CJI Kant remarked.
The Court was hearing a PIL filed by Shaheen Malik, a 2009 acid-attack survivor and founder of the Brave Souls Foundation. The plea seeks legal recognition for victims who were forcibly made to ingest acid, arguing that they must be included in the definition of “acid attack victims” under the Rights of Persons with Disabilities Act, 2016 (RPwD Act).
The petition highlighted that such victims suffer severe, permanent internal injuries that affect essential functions like eating, swallowing, and speaking — yet they remain outside the statutory support system provided to other acid-attack survivors.
Calling this exclusion arbitrary and unconstitutional, the plea demands an amendment to the RPwD Act to classify victims of forceful acid ingestion as acid-attack victims.
During the hearing, Solicitor General Tushar Mehta assured the Bench that all issues raised in the petition will be examined and a suitable policy will be formulated. The Court directed that the “needful be done within six weeks”.
The Bench also reviewed the status of pending acid-attack trials across India. Status reports from various High Courts, including the High Court of Jammu & Kashmir and Ladakh, revealed that five cases are still pending in the region. The Supreme Court asked the High Court to ensure these trials are prioritised and concluded at the earliest.
Regarding petitioner Shaheen’s own case pending before the Rohini court, the Court was informed that the trial is in its final stages and is likely to conclude by the end of this month. The Supreme Court directed the trial court to finish proceedings by December 31.
The Court also took note of compensation schemes for acid-attack victims across States and Union Territories. It issued notices to all States and UTs to respond to the plea seeking amendments to include victims of forcible acid ingestion.
The matter will next be heard on January 26, 2026. (Agencies)
