Section 326B IPC: Voluntarily throwing or attempting to throw acid
Indian Penal Code, 1860
Section 326B IPC at a Glance
Section 326B IPC deals with voluntarily throwing or attempting to throw acid. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 124(2) BNS.
Imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
Section 326B IPC Bare Act Text
326B. Voluntarily throwing or attempting to throw acid
Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
Explanation 1.—For the purposes of section 326A and this section, "acid" includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability.
Explanation 2.—For the purposes of section 326A and this section, permanent or partial damage or deformity shall not be required to be irreversible.
Source: Section 326B, Indian Penal Code, 1860
Section 326B IPC in Simple Words
Section 326B of the Indian Penal Code (IPC) punishes voluntarily throwing or attempting to throw acid on any person, attempting to administer acid, or attempting to use any other means, with the intention of causing permanent or partial damage or deformity, burns, maiming, disfigurement, disability, or grievous hurt.
The punishment is imprisonment of either description for a term not less than five years extending up to seven years, and the offender is also liable to fine.
The offence is cognizable and non-bailable, and it is triable by the Court of Session.
Ingredients of Section 326B IPC
- The accused threw or attempted to throw acid on any person, attempted to administer acid to any person, or attempted to use any other means
- The substance was acid, including any substance of acidic or corrosive character or burning nature capable of causing bodily injury leading to scars, disfigurement, or disability
- The act was done with the intention of causing permanent or partial damage, deformity, burns, maiming, disfigurement, disability, or grievous hurt to that person
Punishment Under Section 326B IPC
Imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
The offender is also liable to fine in addition to imprisonment.
Voluntarily throwing or attempting to throw acid carries imprisonment of either description for not less than five years extending up to seven years, and liability to fine. The offence is cognizable, non-bailable, triable by the Court of Session, and not compoundable.
Example of Section 326B IPC
When Section 326B IPC Does Not Apply
- Section 326B IPC does not apply when the accused made no act or attempt to throw acid, administer acid, or use any other harmful means against another person.
- Section 326B IPC does not apply when the liquid thrown has no acidic, corrosive, or burning character capable of causing bodily injury leading to scars, disfigurement, or temporary or permanent disability.
- Section 326B IPC does not apply when the act was committed without the intention of causing permanent or partial damage, deformity, burns, maiming, disfigurement, disability, or grievous hurt.
Section 326B IPC in the BNS
Section 326B IPC is now covered under Section 124(2) BNS.
Section 326B IPC is succeeded by Section 124(2) BNS. Under the Bharatiya Nyaya Sanhita, throwing or attempting to throw acid is consolidated into Section 124(2) BNS as sub-section 2. The offence and the punishment are unchanged, prescribing imprisonment of either description for not less than five years extending up to seven years, and liability to fine. Explanations 1 and 2 now state that their definitions apply for the purposes of Section 124(2) BNS as a whole. Explanation 2 additionally clarifies that permanent vegetative state shall not be required to be irreversible.
View detailed comparison (IPC 326B vs BNS 124(2)) →FAQs on Section 326B IPC
What offence does Section 326B IPC punish?▼
Section 326B IPC punishes voluntarily throwing or attempting to throw acid on any person, attempting to administer acid, or attempting to use any other means, with the intention of causing permanent or partial damage, deformity, burns, maiming, disfigurement, disability, or grievous hurt.
What is the punishment prescribed under Section 326B IPC?▼
The punishment is imprisonment of either description for a term not less than five years extending up to seven years, and liability to fine.
Is actual bodily injury necessary to constitute an offence under Section 326B IPC?▼
No, Section 326B IPC punishes throwing or attempting to throw acid with the requisite intention, even if the liquid misses and causes no physical harm.
How is acid defined for Section 326B IPC?▼
Under Explanation 1, acid includes any substance which has acidic or corrosive character or burning nature that is capable of causing bodily injury leading to scars, disfigurement, or temporary or permanent disability.
Is Section 326B IPC bailable or non-bailable?▼
Under the First Schedule to the CrPC, Section 326B IPC is non-bailable, and bail cannot be claimed as a matter of right.
Which court tries an offence under Section 326B IPC?▼
Cases under Section 326B IPC are triable by the Court of Session.
Can an offence under Section 326B IPC be compounded?▼
No, Section 326B IPC is not listed in Section 320 CrPC and cannot be compounded.
Where is Section 326B IPC placed in the Bharatiya Nyaya Sanhita?▼
Section 326B IPC is codified in Section 124(2) BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·