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Justice Served: Supreme Court Criticizes Monetary Compensation for Acid Attack Convicts’ Sentence Suspension

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Case title: Shivani Tyagi vs. State of U.P. & Anr.

Case no: Criminal Appeal Nos.1957-1961 of 2024

Order on: April 5, 2024

Qoram: HON’BLE MR. JUSTICE RAJESH BINDAL

Fact of the case:

In this case, Shivani Tyagi, the appellant, was a victim of an acid attack. The private respondents (convicted individuals) were found guilty of attacking her with sulfuric acid, resulting in severe injuries that included 30 to 40 percent burns on her body. The trial court convicted the respondents and sentenced them to life imprisonment for their crimes, which included charges under Sections 307/149 and 326A/149 of the Indian Penal Code (IPC). The appellant challenged the suspension of the sentence and the subsequent release on bail of the convicted individuals. The trial court had previously ordered the suspension of the sentences based on the respondents’ offer to pay Rs. 25 lakhs for the appellant’s medical treatment, acknowledging that she had incurred Rs. 21 lakhs in medical expenses.

Issues framed by Court:

Whether the suspension of the life sentences and the release on bail of the convicted individuals were justified under Section 389 of the Code of Criminal Procedure (Cr.PC).

Legal provisions:

Section 389 of the Code of Criminal Procedure (Cr.PC): This section deals with the suspension of execution of sentence pending the appeal against conviction and the release of the appellant(s) on bail. The provision mandates that reasons must be recorded in writing for such suspension and release.

Indian Penal Code (IPC):

  Section 307: Attempt to murder.

  Section 326A: Voluntarily causing grievous hurt by use of acid, etc.

 Section 149: Every member of unlawful assembly guilty of offence committed in prosecution of common object.

 Contentions of Appellant:

The appellant contended the severe nature of the crime, pointing out that the respondents were convicted of an acid attack that resulted in severe and permanent disfigurement. She argued that the serious nature of the crime warranted the continued incarceration of the respondents. The appellant contended that the High Court’s decision to suspend the sentence based on the respondents’ offer of Rs. 25 lakhs for her treatment was inappropriate. She argued that financial compensation should not influence the decision to suspend a sentence in cases involving heinous crimes. The appellant argued that the High Court did not properly consider the relevant factors required under Section 389 Cr.PC when suspending the sentences. She maintained that the High Court’s decision lacked a thorough assessment of the seriousness of the offence and its impact on the victim.

 Contentions of Respondents:

The respondents highlighted their offer to pay Rs. 25 lakhs for the appellant’s medical treatment, arguing that this demonstrated their willingness to make amends. They suggested that this offer should be considered a mitigating factor in favor of suspending their sentences. The respondents argued that they had already spent a considerable amount of time in jail and that the appeals process was likely to be lengthy. They contended that this period of incarceration, combined with the compensation offer, justified the suspension of their sentences and their release on bail. The respondents cited State of Haryana v. Hasmat case, where serious offence like Murder is punishable under Section 302 of IPC where sentences were suspended, arguing that their situation warranted similar consideration. They referred to the general principles that favor suspension of sentences in certain circumstances, especially where delays in the appellate process are expected. 

 Court analysis & Judgement:

The Hon’ble Supreme Court emphasized that the acid attack caused permanent disfigurement and severe trauma to Shivani. The seriousness of such a heinous crime cannot be underestimated. The Supreme Court criticized the High Court for suspending the attackers’ sentences just because they offered to pay Rs. 25 lakhs for Shivani’s treatment. This approach was deemed inappropriate for such serious offenses. The Supreme Court set aside the High Court’s order, canceling the suspension of the sentences and the bail granted to the respondents. The court directed the respondents to surrender before the trial court within four days, failing which they would be re-arrested and committed to custody. The Supreme Court allowed the appellant’s appeals, overturning the High Court’s order that had suspended the sentences of the respondents and released them on bail. The court stressed the importance of thorough and reasoned assessments in decisions involving the suspension of sentences for serious crimes. It highlighted the necessity of considering the nature and gravity of the offence, and the broader implications for public interest and social security.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Judgement Reviewed By- Antara Ghosh

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The Supreme court criticized the notion of “blood money” and underscored that serious crimes like acid attacks should not be trivialized by monetary settlements.

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Case title: Shivani Tyagi v. State of U.P. & Anr.

Case no.: Criminal Appeal Nos.1957-1961 of 2024 (Arising out of SLP(Crl.) Nos.3484-3488 of 2024)

Order on: 5th April 2024

Quorum: Justice Rajesh Bindal and Justice C.T. Ravikumar

FACTS OF THE CASE

In a landmark decision by the Supreme Court of India, the case of Shivani Tyagi versus the State of U.P. & Anr. (Criminal Appeal Nos.1957-1961 of 2024) has brought attention to the suspension of sentence pending appeal and release on bail, particularly in cases involving heinous crimes like acid attacks. Let’s delve into the facts, submissions, issues, court’s analysis, and the final judgment of this crucial case.

Shivani Tyagi, the appellant-victim, was subjected to a brutal acid attack resulting in severe injuries, including deep burns on her face, chest, and hands. The attack left her permanently disfigured, highlighting the grave consequences of such a heinous crime. The perpetrators, five in number, were convicted under Sections 307/149 and 326A/149 of the Indian Penal Code (IPC).

CONTENTIONS OF THE APPELLANT

On behalf of Shivani Tyagi, the victim of the heinous acid attack, submissions were made regarding the severity of the crime and the need for judicial prudence in dealing with such cases. The appellant’s counsel argued that the impugned orders reflected a lack of consideration for the gravity of the offense and failed to adequately assess the relevant factors for the suspension of sentence and grant of bail. It was emphasized that the permanent disfigurement caused by the acid attack warranted careful examination and serious consideration of all parameters.

CONTENTIONS OF THE RESPONDENTS

The respondents, representing the convicted individuals, made submissions regarding the offer of compensation and the delay in the appeal process. They argued that the offer of compensation, along with the period of incarceration and the likely delay in the appeal proceedings, justified the suspension of the sentence and grant of bail. However, the appellant contested that such factors alone could not override the seriousness of the offense and the need for proper judicial scrutiny.

Key Considerations by the Supreme Court:

The Supreme Court referred to previous judgments to underscore the importance of recording reasons for the suspension of sentence and grant of bail under Section 389 of the Cr.PC. It highlighted that in cases involving serious offenses, such as acid attacks, a careful assessment of relevant factors is imperative. Factors such as the nature and severity of the offense, the manner of its commission, and the gravity of the charges should be objectively evaluated.

Ruling and Implications:

After a meticulous examination of the impugned orders and the arguments presented by both parties, the Supreme Court concluded that the orders lacked proper consideration of the relevant factors. It emphasized that the seriousness of the offense, especially in cases of acid attacks resulting in permanent disfigurement, necessitates diligent scrutiny.

LEGAL PROVISIONS

The Court deliberated on Section 389 of the Code of Criminal Procedure (Cr.PC), which deals with the suspension of sentence pending appeal and release on bail.

It emphasized the need for the appellate court to objectively assess the case and record reasons for granting suspension of sentence and bail. The Court cited previous judgments to highlight the importance of considering factors such as the nature of the offense, severity of punishment, and likelihood of tampering with evidence or threats to the victim.

ISSUE –

  • Whether the court properly applied the principles under Section 389 of the Code of Criminal Procedure (Cr.PC) in suspending the convicts’ sentence.
  • Whether the court adequately considered the gravity of the offense and other relevant factors before granting bail to the convicts.

COURT’S ANALYSIS AND JUDGEMENT

The Supreme Court meticulously analyzed previous decisions and legal provisions related to the suspension of sentence and bail pending appeal. It emphasized that each case must be examined on its merits, especially in serious offenses like acid attacks. The court underscored the importance of considering factors such as the nature of the offense, severity of punishment, and potential threat to the victim or witnesses.

The court, after a thorough examination of the facts and legal principles, held that the impugned order lacked proper application of mind and failed to consider the gravity of the offense adequately. Therefore, it set aside the order suspending the convicts’ sentence and canceling their bail. The appellants were directed to surrender before the trial court for committal to judicial custody within four days, failing which the convicts would be rearrested.

The Supreme Court’s decision in the Shivani Tyagi case sets a significant precedent in cases involving acid attacks and other serious offenses. It underscores the need for courts to carefully consider all relevant factors before suspending a sentence or granting bail, ensuring justice for victims and maintaining social security. This ruling reaffirms the commitment of the judiciary to uphold the rights of victims and deter perpetrators of heinous crimes.

Despite an offer of compensation by the convicts, the victim refused to accept it, leading to a correction application. The court emphasized the severity of acid attacks, stating that no amount of compensation can truly address the trauma caused. It cited previous cases highlighting the psychological and physical impact of acid attacks and the need for stringent measures to prevent such crimes. The court also discussed the principles governing the cancellation of bail, emphasizing that bail should not be granted solely based on the accused’s ability to pay compensation. The court criticized the notion of “blood money” and underscored that serious crimes like acid attacks should not be trivialized by monetary settlements.

In the fight against such atrocities, justice must not only be served but also seen to be served, and the Shivani Tyagi case marks a crucial step towards achieving that goal.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Judgement Reviewed by – Chiraag K A

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The purpose of preventing the occurrence of another acid-related incident, the law prohibiting its sale should go into effect right away.

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ABSTRACT

Violence against women can be perpetrated in both ways i.e., mentally and physically. This paper talks about the exact same violence called acid attack also stating the obvious on the ban on sale of acid which has failed explicitly in the current market.

 This burn is not only on the skin but as well on the mental health of the girl. This heinous crime against women is motivated by gender. Acid attacks not only cause psychological trauma but also cause excruciating pain, permanent disfigurement, follow-up infections, and frequently blindness in one or both eyes The prevention of acid attacks and rehabilitation of acid attack victims Bill 2017 – SECTION 2(b) acid attack victim” means a woman on whom acid has been poured or sprinkled with the intention of causing bodily injury or disfigurement and who, as a consequence of such act, has suffered any bodily injury or disfigurement effected by chemical action of the acid.[1]Acid attack is defined as “any act of throwing acid or using acid in any form on the victim with the intention of or with knowledge that such person is likely to cause to the other person permanent or partial damage or deformity or disfiguration to any part of such person’s body” by the National Commission of India.

INTRODUCTION

The gender-biased violence hasn’t stopped even though there is a well-drafted legislature in regulating the sale as well as the use of the acid in certain environments.  The discretion was given to the government officials in case of noncompliance of the rules and regulations. The absence of action has caused another woman’s face to be discarded and the rest is history.

The landmark judgement in Laxmi vs Union of India 2014 4SCC 427 the substantial question of law that arose was. Does section 326 of the Indian penal code apply to acid attacks or the use of corrosive substance The judgment in the case has brought provision section 326A [ Voluntarily causing grievous hurt by use of acid] and 326B. The judgement has also regulated the sale of acid in India laid down guidelines as well. Given the statistics by the national crime bureau in 2021 – 176, 2020 – 182 , 20in 19 – 249 , 2018- 228 .West Bengal and Uttar Pradesh consistently record the highest number for nearly 50% of all cases respectively .

THE BAN-

The prevention of acid attacks and rehabilitation of acid attack victims 2017

SECTION 3. (1) No person shall engaged the business or trade of production, import, storage, sale or delivery or transport of acid of any intensity unless he obtains the license issued by an appropriate authoirty in such manner as may be prescribed to carry on such business or trade.

 (2) Every such person engaged in the business or trade of acid shall maintain appropriate records regarding the quantity of acid and its concentration and chemical composition.

(3) No person shall sell or otherwise deliver to a person an acid of higher concentration than the prescribed degree for the intended use by such person.

 (4) No person shall sell or otherwise deliver acid to a person without keeping a record of his identity, the quantity of acid and the purpose for which the acid is to be used.

In a recent case, The unpredictability of life has led another young girl, 17 years old a victim of a heinous crime in the capital of India. She was attacked with a substance that resembled acid, and as a result she sustained 8% burns facial and neck disfigurement.

The legal provision provided by the government of India on the sale of acid was given precisely in the judgement but how long does it take for a provision of law to be enacted on the land. Sources state that the sale of acid consumed by the accused was sold on an e- commerce platform Flipkart. This is how easily acid is sold in our country, the well-known e – commerce platform used by thousands of Indians. The e- commerce platform has also violated the consumer protection act 2019 Section 2(9) and also the consumer protection ( E- Commerce ) Rules 2020 Section 3(4), human rights as well as composite negligence by the public servant failing to perform his duties in a discreet manner. There are many violation but this not about any violation is about a lady face her body.

Provision of law

The prevention of acid attacks and rehabilitation of acid attack victims 2017

The object of this bill is “to provide for prevention of acid attacks by regulation of sale, supply and use of acid or other measures and rehabilitation of women victims of acid attacks and matters connected therewith or incidental thereto[2].” The enforced law has received another violation and a survivor of the heinous crime has approached the court stating- The petitioner argued that despite the rise in such horrific attacks brought on by easy and unrestricted access to acid, the fundamental reality remained unchanged. The petitioner conducted a fact-finding survey within the city by recruiting interns and volunteers, including minors, who were able to easily purchase acid from almost every location in the national capital, in order to ascertain the current situation and highlight the “inefficiency” on the part of the Delhi government in limiting and regulating the sale of acid.

This is one the of the cases that has been brought to the naked eye, there multiple cases all around India i.e. A 22-year-old man who attacked a young girl with acid in Kanakapura town and then vanished is wanted by police in Karnataka’s Ramnagar district, according to officials. The victim has been admitted to Bengaluru’s Minto Eye Hospital, where the doctors have warned that she could lose an eye, the police say.

She and two other people were hurt at the district court complex when a man allegedly threw acid on his wife. Kavita had arrived at the court this morning in preparation for a case hearing when the incident took place, according to the police.

These are examples of acid attacks that have occurred in well-known locations, including the national courthouse,given the statistics is contrary to the provision provided by the Indian penal code

 

CONCLUSION

The sale is what governs the heinous crime which no women shall endure Although an acid attack can be committed against either a man or a woman, it has a particular gender dimension in India. The majority of reported acid attacks have been carried out on women, especially young women, who have rejected marriage proposals from suitors. The attacker, who is unable to accept being rejected, tries to kill the woman who had the temerity to oppose him. It is not surprising that States with patriarchal leanings have a higher incidence of acid attacks.

The victims of acid attacks keep rising day by day and the conviction of it is very low. proactively outright, this is no longer a gender-based violence; it affects both men and animals in today’s society.

The root cause of the acid attacks is the sale of the substance and the government fail to check and regulate the law correctly in the market. Therefore, the sale of the acid should comply with the provisions of the Indian penal code and failure to do so should result in severe penalties. A soul cannot comprehend the pain as the face and body of the acid struck victim is disfigured by a liquid substance with in a fraction of second. The pain mentally and physically that these victims have to live through is unimaginable. The hope of not witnessing this heinous crime should not be outlived by the fear of the sale. Justitia nemini negada est (justice is to be denied to no one)

[1] http://164.100.47.4/billstexts/rsbilltexts/AsIntroduced/Acid%20atak-4817-E.pdf

[2] http://164.100.47.4/billstexts/rsbilltexts/AsIntroduced/Acid%20atak-4817-E.pdf