Last Change:

10/17/2024

The Acid Crimes Prevention Act

Year: 2002

Type: Domestic law

Rights Category: Health, Liberty & security of person, Social protection

Description

The Acid Crimes Prevention Act, 2002 is enacted to control acid crimes. There are various punishments depending on the parts of the body affected by acid. The offences under the Act are non-bailable and will be tried in the Acid Crimes Prevention Tribunal.

Selected provisions
Provisions for bail

(1) Subject to the other provisions of this Act, no such person who is accused or liable to punishment shall be released on bail, if-
(a) the State or, as the case may be, the complaining party is not given any opportunity to be heard on the application made for his release; and
(b) the Tribunal is satisfied that there is sufficient reasonable cause of his being convicted for the charge brought against him; or
(c) he is neither a woman nor a child nor physically disabled and unless the Tribunal is satisfied that justice will not be affected due to his release on bail.
(2) After the completion of investigation into any offense if the Tribunal or, as the case may be, the Appellate Court is satisfied on the basis of the investigation report or other information obtained therefrom that there is sufficient reasonable cause to believe that a person is not involved in such offense, the Tribunal or, as the case may be, the Appellate Court may release such person on bail with reference to such information and cause.

Procedure for trial of accused children

If any child is accused of commission of any offense under this Act, in such case the provisions of Children Act, 1974 (Act XXXIX of 1974) shall, as far as possible, be pursued.

Approval of death sentence

If any Tribunal under this Act passes a death sentence, the files and records of such case shall be sent at once to the High Court Division in pursuance of the provisions of section 374 of the Code of Criminal Procedure and such death sentence shall not be executed without approval from the Division.

Safe Custody

During the investigation into any complaint or the trial of any offense under this Act if the Tribunal thinks fit that it is necessary to keep any person in a safe custody, the Tribunal may direct that such person be kept in custody of the Government in any such place outside the prison which has been prescribed by the Government in that behalf or in the custody of any such person or agency as the Tribunal may think fit.

Medical examination

(1) The medical examination of any victim of an offense under this Act may be conducted in any government hospital or in any such private hospital or health center run by any voluntary agency which has been recognized by the Government in that behalf.
(2) When a victim of an offense committed under this Act has been taken to any such hospital or health center as referred to in sub-section (1), the medical officer on duty in such hospital or health center shall quickly conduct his medical examination and issue a certificate with regard to such medical examination.
(3) If no such medical examination is conducted or no certificate is issued as referred to in sub-section (2), the Tribunal may direct the appointing authority or, as the case may be, the proper authority of such physician to take action against him for negligence of his duty.

Show