If you are an acid attack survivor in India, you are entitled to immediate free medical treatment at any hospital (private or government), compensation of at least Rs 3 lakh (with states providing up to Rs 8 lakh or more), and the attacker faces a minimum sentence of 10 years imprisonment extendable to life under Section 124 of the Bharatiya Nyaya Sanhita (BNS), 2023. You can file an FIR at any police station, and the Supreme Court has directed that all government and private hospitals must provide immediate first-aid and medical treatment to acid attack survivors without waiting for any legal formalities.
Why this matters
Acid attacks are among the most brutal forms of gender-based violence in India. Survivors face devastating physical injuries, permanent disfigurement, loss of vision, and severe psychological trauma — along with social stigma and economic hardship from the inability to work. Following sustained advocacy by survivors and civil society, the law has been significantly strengthened. The Supreme Court's landmark judgment in Laxmi v. Union of India (2014) transformed the legal landscape by mandating compensation, regulating acid sales, and directing free treatment. Understanding these rights is essential for survivors and their families to access the full range of protections available.
Your legal rights as an acid attack survivor
1. Right to immediate medical treatment
The Supreme Court in Laxmi v. Union of India directed that all hospitals — government and private — must provide immediate first-aid and medical treatment to acid attack survivors. No hospital can refuse treatment. No payment can be demanded before providing emergency treatment. All reconstructive surgeries must be provided free at government hospitals.
In practice: If a hospital refuses or delays treatment, call the police, the Women Helpline (181), or the District Magistrate. The hospital's refusal is a violation of the Supreme Court's directions and can lead to action against the hospital.
2. Right to compensation
The Supreme Court mandated a minimum compensation of Rs 3 lakh to every acid attack survivor, to be paid by the State Government. States have increased this amount over time:
- Interim compensation: At least Rs 1 lakh within 15 days of the incident (before the trial)
- Additional compensation: At least Rs 2 lakh after the conclusion of the trial (or as determined by the court)
- Many states provide Rs 5-8 lakh or more depending on the severity of injuries
Compensation is paid through the District Legal Services Authority (DLSA) under the Victim Compensation Scheme of each state. This is in addition to any compensation the criminal court may order.
In practice: File an application for compensation with the DLSA in your district. The interim amount should be released quickly. Contact the DLSA at the district court complex or call NALSA at 15100.
3. Right to criminal prosecution of the attacker
Acid attack is a specific offence under Section 124 of the BNS (replacing Section 326A IPC). The punishment is:
- Minimum 10 years imprisonment, extendable to life imprisonment
- Fine — which must be "just and reasonable" and paid to the victim to meet medical expenses
- For throwing acid with intent to cause injury (but the acid does not cause permanent damage): Minimum 5 years, up to 7 years imprisonment, and fine (Section 124(2))
The offence is cognizable (police can arrest without warrant) and non-bailable.
4. Right to disability benefits
If the acid attack causes permanent disability, the survivor may be entitled to a disability certificate and related benefits under the Rights of Persons with Disabilities Act, 2016. Acid attack victims are specifically included in the list of disabilities under the Act. Benefits include reservation in government jobs, educational concessions, and social security.
In practice: Apply for a disability certificate from the District Medical Board of the civil hospital. Once certified, you can access benefits including financial assistance, educational reservations, and employment quotas.
5. Right to privacy
The identity of the acid attack survivor cannot be disclosed without their consent. Section 72 of the BNS prohibits disclosure of the victim's identity and prescribes punishment of up to 2 years imprisonment.
Step-by-step: What to do after an acid attack
Step 1: Get immediate medical treatment
Seek emergency medical attention immediately. Go to the nearest hospital — government or private. If acid is on the skin, wash with clean running water for at least 20 minutes. The hospital must provide treatment without demanding payment or paperwork first.
Step 2: File an FIR
File an FIR at the nearest police station under Section 124 of the BNS. If you are physically unable to go, a family member or friend can file. The police can also come to the hospital to record your statement. A Zero FIR can be filed at any police station regardless of jurisdiction.
Step 3: Record your statement
The police will record your statement, preferably at the hospital if you are admitted. Under the BNSS, your statement should be recorded by a woman officer if you are a woman. The statement before the Magistrate (Section 183 BNSS) should be recorded as soon as your medical condition allows.
Step 4: Apply for interim compensation
File an application with the DLSA for interim compensation of at least Rs 1 lakh. The DLSA should process this within 15 days. Bring the FIR copy, medical reports, and any proof of expenses incurred. You do not need a lawyer — the DLSA provides free legal assistance.
Step 5: Long-term medical care
Government hospitals must provide all reconstructive surgeries free of charge. Consult the medical team about the treatment plan, which may include multiple surgeries over months or years. Keep records of all medical expenses for claiming additional compensation.
Step 6: Apply for disability certificate (if applicable)
If the attack causes permanent disability (loss of vision, disfigurement, restricted mobility), apply to the District Medical Board for a disability certificate under the RPwD Act, 2016. This opens access to government benefits.
What if things go wrong
If the hospital refuses treatment
This is a direct violation of the Supreme Court's order. Call 112, Women Helpline 181, or the District Magistrate. File a complaint with the Chief Medical Officer (CMO) of the district. The hospital can face legal action.
If the police do not register the FIR
Approach the SP, call 181, or go directly to the Magistrate under Section 175(3) BNSS. Refusal to register an FIR for a cognizable offence is itself a criminal act.
If compensation is delayed
Follow up with the DLSA. File an RTI application with the state legal services authority asking for the status. You can also approach the State Legal Services Authority (SLSA) or the High Court Legal Services Committee for intervention.
If the attacker gets bail
File objections to the bail application through your lawyer or the public prosecutor. Since acid attack is non-bailable with a minimum 10-year sentence, bail should not be granted easily. If granted, challenge it before the High Court.
If you face social stigma or employment discrimination
The RPwD Act, 2016 prohibits discrimination against persons with disabilities, including acid attack survivors. If an employer refuses to hire or retain you because of disfigurement, file a complaint with the Chief Commissioner for Persons with Disabilities (ccpd.nic.in).
Documents and resources you need
- Medical reports and treatment records — from all hospitals
- FIR copy — from the police station
- Photographs — of injuries (taken at hospital with consent)
- Expense receipts — all medical, travel, and living expenses
- Emergency number: 112
- Women Helpline: 181 (24/7)
- NALSA helpline: 15100 (free legal aid and compensation assistance)
- District Legal Services Authority: At the district court complex
- Chhanv Foundation: A leading NGO supporting acid attack survivors (chhanv.org)
- National Commission for Women: ncw.nic.in or 7827-170-170
- Chief Commissioner for Persons with Disabilities: ccpd.nic.in
Common myths
Myth: Acid attack is treated like any other assault under the law. Reality: Acid attack is a specific, separate offence under Section 124 BNS with a minimum sentence of 10 years. It carries higher punishment than regular assault (Section 115 BNS — grievous hurt — which has a maximum of 7 years). The law recognises the unique severity of acid attacks.
Myth: Compensation comes only after conviction. Reality: Interim compensation of at least Rs 1 lakh must be paid within 15 days of the incident — no conviction required. Additional compensation follows the trial. The Supreme Court's 2014 order makes this mandatory.
Myth: Only women are protected under acid attack laws. Reality: Section 124 BNS applies to all victims regardless of gender. Male acid attack survivors have the same legal rights to prosecution of the attacker, compensation, and free medical treatment.
Myth: Acid is easily available despite the regulations. Reality: Following Laxmi v. Union of India, the Supreme Court directed strict regulation of acid sales. Acid cannot be sold without the buyer providing a photo ID, the seller maintaining a register, and the sale being reported to the police within 3 days. However, enforcement remains uneven, and illegal sales continue in some areas.
The law behind this
| Aspect | Legal Provision | Detail |
|---|---|---|
| Acid attack offence | Section 124(1), BNS 2023 | Min 10 years to life imprisonment |
| Attempt to throw acid | Section 124(2), BNS 2023 | 5 to 7 years + fine |
| Minimum compensation | Laxmi v. Union of India (2014) | Rs 3 lakh minimum (states may give more) |
| Free medical treatment | Laxmi v. Union of India (2014) | All hospitals, including private |
| Acid sale regulation | Laxmi v. Union of India (2014) | ID required, register maintained |
| Disability recognition | RPwD Act, 2016 (Schedule) | Acid attack victims specifically listed |
| Identity protection | Section 72, BNS 2023 | Up to 2 years for disclosure |
| Victim compensation scheme | Section 396, BNSS 2023 | Through DLSA and state schemes |
Frequently asked questions
How much compensation can I get? The Supreme Court mandated a minimum of Rs 3 lakh. States provide varying amounts — many states now offer Rs 5-8 lakh or more. Additional compensation can be ordered by the criminal court. The actual amount depends on the severity of injuries, medical expenses, loss of earnings, and the state's compensation scheme.
Does the government pay for reconstructive surgery? Yes. The Supreme Court has directed that reconstructive surgery must be provided free at government hospitals. This covers all stages of treatment — from emergency care to multiple reconstructive surgeries over time. Keep all medical records for follow-up treatment.
Can I file a case if the attacker is unknown? Yes. File an FIR against unknown persons. The police will investigate, collect CCTV footage, examine acid purchase records, and interview witnesses. Many cases are solved through investigation even when the attacker's identity is initially unknown.
Is acid attack a bailable offence? No. With a minimum sentence of 10 years, acid attack is a non-bailable offence. This means bail is not a right — the accused must apply before the court, and the court has the discretion to refuse bail. In practice, courts are very reluctant to grant bail in acid attack cases given the severity of the offence.