Acid Attack : Supreme Court Suggests More Stringent Punishment, Asks Why Can't Assets Of Convict Be Attached

The Supreme Court on Tuesday suggested that legislative intervention by the Union Government may be necessary to introduce more stringent punishment and a reversal of the burden of proof in acid attack cases, on the lines of provisions applicable to dowry death offences.The oral observation was made by a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi hearing a Public Interest Litigation filed by acid attack survivor Shaheen Malik, seeking recognition and statutory protection for victims who were compelled to consume acid. Appearing for the petitioner, counsel informed the Court that all accused persons in Malik's case had been acquitted and that she had filed a criminal appeal challenging the acquittal. Taking note of her circumstances, the Bench offered legal aid assistance.Addressing the Court, Malik, who was also personally present, submitted that she spent 16 valuable years of her life fighting the legal battle, only to see the assailants getting acquitted at the end. She requested that the High Court be asked to expeditiously decide the appeal filed by her. Earlier, the Court had called for reports from all High Courts regarding the pendency of acid attack cases. While reports from some High Courts, such as Calcutta, Allahabad, Gujarat etc., were received, reports from many other HCs are awaited.As per the status placed before the Court, 15 High Courts have furnished details of pending acid attack cases. Uttar Pradesh has 198 pending cases, West Bengal 60, Gujarat 114, Bihar 68 and Maharashtra 58. Status reports from other High Courts are still awaited.In its order, the Court requested all High Courts to consider expediting and concluding acid attack cases on a priority and time-bound basis. All State Legal Services Authorities were also directed to submit details of schemes, if any, implemented for rehabilitation, compensation and medical aid to acid attack victims."We request HCs to consider desirability of taking a decision for expediting and concluding matters concerning acid attacks in a time bound manner on out of turn basis. All State Legal Services Authorities are directed to submit schemes, if any, implemented by them for rehabilitation, compensation or medical aid to the victims of acid attacks," the bench observed in the order.The Court directed all States and Union Territories to furnish detailed information within four weeks, including year-wise data on acid attack incidents, filing of charge sheets, pendency of trials and appeals, and comprehensive particulars of each victim, including education, employment, marital status, medical treatment and expenditure incurred or proposed by the State. Separate details were also sought for victims who were forced to consume acid.Why can't assets of the accused be attached? CJI askedCJI Surya Kant also raised concerns about deterrance, and suggested that the assets of the accused be attached to compensate the victim."Why assets of accused should not be attached? If a person is found guilty of acid attack, why all his immoveable assets be not acquired and used to compensate victim? You have to take some extraordinary punitive measures. Unless action is so painful...deterrent theory must be followed here," CJI observed.Addressing Additional Solicitor General Archana Pathak Dave, CJI said that some legislative intervention might be necessary from Union to make the punishment stringent. CJI also suggested a reversal of onus of proof, like in dowry death cases."Think of some legislative intervention.. this is not less serious than dowry death also," CJI said.Malik told the Court that acid attacks cause indescribable pain and suffering, stating that she had undergone 25 surgeries. She added that several survivors have been rendered completely blind and continue to await proper rehabilitation.Case : SHAHEEN MALIK Vs UNION OF INDIA | W.P.(C) No. 1112/2025Click Here To Read/Download Order

Acid Attack : Supreme Court Suggests More Stringent Punishment, Asks Why Can't Assets Of Convict Be Attached

Debby Jain

The Court orally said that deterrence theory must be applied in acid attack cases.

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