NEW DELHI — In a landmark intervention that could reshape India’s criminal justice approach toward gender-based violence, the Supreme Court of India on January 27, 2026, declared that conventional punishment is insufficient for the “unbelievable trauma” of acid attacks. A Bench led by Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi suggested that the assets of convicted attackers should be seized and auctioned to provide meaningful compensation and lifelong rehabilitation for survivors.
The Court’s observations mark a definitive rejection of the “reformative theory” of punishment for such heinous crimes, advocating instead for a deterrent model that ensures the consequences for the accused are as “painful” as the suffering of the victim.
The Shaheen Malik Case: A 16-Year Struggle for Justice
The proceedings were triggered by a Public Interest Litigation (PIL) filed by Shaheen Malik, a survivor and activist who was attacked in 2009. Her story served as a harrowing testament to the systemic failures of the current legal framework:
- The Agony of Delay: Malik informed the court that she has undergone 25 reconstructive surgeries and spent 16 years in litigation, only for the trial court to recently acquit the accused.
- Identity and Sight Loss: Describing the pain as “unexpressible,” she highlighted that many survivors are left completely blind and abandoned by the State, losing not just their physical features but their social identity.
- Judicial Assurance: Deeply moved, CJI Surya Kant assured Malik of the “best legal representation” for her appeal in the High Court and directed that her case be fast-tracked.
Proposed Legal Shifts: Shifting Onus and Asset Forfeiture
The Supreme Court urged the Union Government to move beyond the existing “letter of the law” and consider legislative interventions that treat acid attacks with the same gravity as dowry deaths.
1. Economic Accountability
The Court proposed that the police should be mandated to probe the financial assets of the accused during the initial investigation. These details must be included in the chargesheet, with an immediate embargo on the accused creating any third-party rights (selling or transferring property). If convicted, these assets should be auctioned transparently to fund the victim’s medical and social rehabilitation.
2. Reversal of Burden of Proof
Following the logic of Section 304B (Dowry Death) of the IPC, the CJI suggested that the law should consider shifting the onus of proof onto the accused. This would require the defendant to prove their innocence in specific circumstances, acknowledging the calculated nature of these assaults.
3. Rejection of Reformative Justice
“Adopting a reformative approach has no place for acid attackers… Unless the action is so painful for the accused, it will not work,” the CJI remarked, emphasizing that the punishment must act as a severe deterrent for potential offenders.
National Audit: States Directed to Submit Data
The Bench issued a strict directive to all States and Union Territories to provide a comprehensive “audit” of acid attack cases within four weeks. The required data includes:
- Case Tracking: Number of FIRs, chargesheets filed, convictions, and pending appeals.
- Victim Profile: Academic qualifications, marital status, and current employment of survivors.
- Rehabilitation Costs: Detailed expenditure incurred by the State on medical treatments and special schemes.
- Forced Ingestion: Specific data on victims who were forced to consume acid, a category currently facing a legislative gap in disability recognition.
A National Crisis of Pendency
The Court noted with alarm the high number of pending cases across India. According to reports from 15 High Courts:
- Uttar Pradesh: 198 cases
- West Bengal: 160 cases
- Gujarat: 114 cases
- Bihar: 68 cases
- Maharashtra: 58 cases
The Bench has requested all High Courts to consider “out-of-turn” hearings to conclude these trials in a time-bound manner, ensuring that survivors like Shaheen Malik do not spend their entire lives waiting for a verdict.
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