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Supreme Court of India 2018-09-07 dismissed

Maqbool vs State of Uttar Pradesh and Another

Bench: 2 — Kurian

In Brief

The Supreme Court clarified that in acid attack cases under the IPC, whether Section 326A or 326B applies depends on the type of injury caused (permanent damage, deformity, burns, disfigurement, disability, etc.), not on whether the injury is simple or grievous. The Court held that Section 326A applies when actual acid-caused injury occurs falling within eight specified categories, attracting mandatory minimum 10-year imprisonment. Section 326B applies to attempted acid attacks. The Court overruled High Court judgments that had incorrectly limited Section 326A to grievous injuries only, holding that even simple injuries within the specified categories attract these sections. The appeal was dismissed and the charge under Section 326A upheld.

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Criminal Law Statutory Interpretation Acid Attack Section 326A IPC Section 326B IPC Grievous Hurt Criminal Procedure

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