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IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRL.) NO. 129 OF 2006 | LAXMI |...| PETITIONER(s) | | Versus | | UNION OF INDIA AND OTHERS |...| RESPONDENT(s) | O R D E R On 6.2.2013, a direction was given to the Home Secretary, Ministry of Home Affairs associating the Secretary, Ministry of Chemical & Fertilizers to convene a meeting of the Chief Secretaries/concerned Secretaries of the State Governments and the Administrators of the Union Territories, inter alia, to discuss the following aspects: i) Enactment of appropriate provision for effective regulation of sale of acid in the States/Union Territories. ii) Measures for the proper treatment, after care and rehabilitation of the victims of acid attack and needs of acid attack victims. (iii) Compensation payable to acid victims by the State/or creation of some separate fund for payment of compensation to the acid attack victims. 2. Following the order of 6.2.2013, three subsequent orders on 16.4.2013, 9.7.2013 and 16.7.2013 were passed by this Court. 3. Various State Governments/Union Territories have filed their affidavits. The Union of India filed its last affidavit on 17.7.2013. Along with that affidavit, draft Model Rules entitled "The Poisons Possession and Sale Rules, 2013" (for short "Model Rules") have been placed on record. Mr. Mohan Parasaran, learned Solicitor General states that the Central Government will circulate the Model Rules to regulate sale of acid and other corrosive substances framed under the Poisons Act, 1919 to all the State Governments and Union Territories within a week from today. He also states that Model Rules will include, inter alia, the form of acids (liquids or crystalline and its concentration) that can be stored and sold, issue of licenses, procurement by individuals, educational and research institutions, hospitals, industries, Government Departments and departments of Public Sector Undertakings. We accept the statement made by the earned Solicitor General as noted above.

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IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRL.) NO. 129 OF 2006

| LAXMI |...| PETITIONER(s) |

| Versus | | UNION OF INDIA AND OTHERS |...| RESPONDENT(s) |

O R D E R On 6.2.2013, a direction was given to the Home Secretary, Ministry of Home Affairs associating the Secretary, Ministry of Chemical & Fertilizers to convene a meeting of the Chief Secretaries/concerned Secretaries of the State Governments and the Administrators of the Union Territories, inter alia, to discuss the following aspects:

i) Enactment of appropriate provision for effective regulation of sale of acid in the States/Union Territories.

ii) Measures for the proper treatment, after care and rehabilitation of the victims of acid attack and needs of acid attack victims.

(iii) Compensation payable to acid victims by the State/or creation of some separate fund for payment of compensation to the acid attack victims. 2. Following the order of 6.2.2013, three subsequent orders on 16.4.2013, 9.7.2013 and 16.7.2013 were passed by this Court. 3. Various State Governments/Union Territories have filed their affidavits. The Union of India filed its last affidavit on 17.7.2013. Along with that affidavit, draft Model Rules entitled "The Poisons Possession and Sale Rules, 2013" (for short "Model Rules") have been placed on record. Mr. Mohan Parasaran, learned Solicitor General states that the Central Government will circulate the Model Rules to regulate sale of acid and other corrosive substances framed under the Poisons Act, 1919 to all the State Governments and Union Territories within a week from today. He also states that Model Rules will include, inter alia, the form of acids (liquids or crystalline and its concentration) that can be stored and sold, issue of licenses, procurement by individuals, educational and research institutions, hospitals, industries, Government Departments and departments of Public Sector Undertakings. We accept the statement made by the earned Solicitor General as noted above.

4. Insofar as the States and Union Territories are concerned, we are informed that the States of Maharashtra, Karnataka, Kerala, Haryana, Punjab, Madhya Pradesh, Sikkim and Arunachal Pradesh have framed rules to regulate sale of acid and other corrosive substances. As regards state of Meghalaya, we find from the available record that draft rules have been prepared, a copy of which has been made available to the Court. 5. Learned counsel for the State of Tamil Nadu has stated before us that within two months from today, appropriate rules to regularise sale of acid and other corrosive substances shall be framed. 6. In our opinion, all the States and Union Territories which have not yet framed rules will do well to make rules to regulate sale of acid and other corrosive substances in line with the Model Rules framed by the Central Government. The States, which have framed rules but these rules are not as stringent as the Model Rules framed by the Central Government will make necessary amendments in their rules to bring them in line with the Model Rules. The Chief Secretaries of the respective States and the Administrators of the Union Territories shall ensure compliance of the above expeditiously and in no case later than three months from the receipt of the draft Model Rules from the Central Government. 7. The Centre and States/Union Territories shall work towards making the offences under the Poison Act, 1919 cognizable and non-bailable. 8. In the States/Union Territories, where rules to regulate sale of acid and other corrosive substances are not operational, until such rules are framed and made operational, the Chief Secretaries of the concerned States/Administrators of the Union Territories shall ensure the compliance of the following directions with immediate effect: i) Over the counter, sale of acid is completely prohibited unless the seller maintains a log/register recording the sale of acid which will contain the details of the person(s) to whom acid(s) is/are sold and the quantity sold. The log/register shall contain the address of the person to whom it is sold. (ii) All sellers shall sell acid only after the buyer has shown: a) a photo ID issued by the Government which also has the address of the person: b) specifies the reason/purpose for procuring acid. (iii) All stocks of acid must be declared by the seller with the concerned Sub- Divisional Magistrate (SDM) within 15 days. (iv) No acid shall be sold to any person who is below 18 years of age. (v) In case of undeclared stock of acid, it will be open to the concerned SDM to confiscate the stock and suitably impose fine on such seller up to Rs. 50,000/-

(vi) The concerned SDM may impose fine up to Rs. 50,000/- on any person who commits breach of any of the above directions. 9. The educational institutions, research laboratories, hospitals, Government Departments and the departments of Public Sector Undertakings, who are required to keep and store acid, shall follow the following guidelines: (i) A register of usage of acid shall be maintained and the same shall be filed with the concerned SDM. (ii) A person shall be made accountable for possession and safe keeping of acid in their premises. (iii) The acid shall be stored under the supervision of this person and there shall be compulsory checking of the students/ personnel leaving the laboratories/place of storage where acid is used. 10. The concerned SDM shall be vested with the responsibility of taking appropriate action for the breach/default/violation of the above directions. 11. Section 357A came to inserted in the Code of Criminal Procedure, 1973 by Act 5 of 2009 w.e.f. 31.12.2009. Inter alia, this Section provides for preparation of a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of thecrime and who require rehabilitation. 12. We are informed that pursuant to this provision, 17 States and 7 Union Territories have prepared 'Victim Compensation Scheme' (for short "Scheme'). As regards the victims of acid attacks the compensation mentioned in the Scheme framed by these States and Union Territories is un-uniform. While the State of Bihar has provided for compensation of Rs. 25,000/- in such scheme, the State of Rajasthan has provided for Rs. 2 lakhs of compensation. In our view, the compensation provided in the Scheme by most of the States/Union Territories is inadequate. It cannot be overlooked that acid attack victims need to undergo a series of plastic surgeries and other corrective treatments. Having regard to this problem, learned Solicitor General suggested to us that the compensation by the States/Union Territories for acid attack victims must be enhanced to at least Rs. 3 lakhs as the after care and rehabilitation cost. The suggestion of learned Solicitor General is very fair. 13. We, accordingly, direct that the acid attack victims shall be paid compensation of at least Rs. 3 lakhs by the concerned State Government/Union Territory as the after care and rehabilitation cost. Of this amount, a sum of Rs 1 lakh shall be paid to such victim within 15 days of occurrence of such incident (or being brought to the notice of the State Government/Union Territory) to facilitate immediate medical attention and expenses in this regard.

The balance sum of Rs. 2 lakhs shall be paid as expeditiously as may be possible and positively within two months thereafter. The Chief Secretaries of the States and the Administrators of the Union Territories shall ensure compliance of the above direction. 14. The Chief Secretaries of the States and Administrators of the Union Territories shall take necessary steps in getting this order translated into vernacular and publicise the same appropriately for the information of public at large. 15. List the matter on December 3, 2013.

..................................J. (R.M. LODHA)

.....................................J. (FAKKIR MOHAMED IBRAHIM KALIFULLA]

NEW DELHI JULY 18, 2013.

The Poisons Act, 1919.ACT NO. 12 OF 1919 1* [3rd September, 1919.] An Act to consolidate and amend the law regulating the importation, possession and sale of poisons 2***. WHEREAS it is expedient to consolidate and amend the law regulating the importation, possession and sale of poisons 3*** ; It is hereby enacted as follows:- 1.Short title and extent. 1. Short title and extent. (1) This Act may be called the Poisons Act, 1919.3*[(2) It extends to the whole of India: Provided that it shall not apply to the State of Jammu and Kashmir except to the extent to which the provisions of this Act relate to the importation into India of any specified poison.] 2.Power of the State Government to regulate possession for sale and saleof any poison. 2. Power of the State Government to regulate possession for sale and sale of any poison. (1) 4***The State Government may by rule regulate within the whole or any part of the territories under its administration the possession for sale and the sale, whether wholesale or retail, of any specified poison. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for- (a) the grant of licences to possess any specified poison for sale, wholesale or retail, and fixing of the fee (if any) to be charged for such licences; (b) the classes of persons to whom alone such licences may be granted; (c) the classes of persons to whom alone any such poison may be sold; (d) the maximum quantity of any such poison which may be sold to any one person; (e) the maintenance by vendors of any such poison of registers of sales, the particulars to be entered in such registers, and the inspection of the same; (f) the safe custody of such poisons and the labelling of the vessels, packages or coverings in which any such poison is sold or possessed for sale; and ---------------------------------------------------------------------- 1. Extended to Laccadive, Minicoy and Amindivi Islands (w.e.f. 1.10.1967): vide Reg. 8 of 1965, s. 3 & Sch. Extended to and brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-65) by Reg. 6 of 1963, s. 2 and Sch. I. Extended to the Union territory of

Pondicherry by Act 26 of 1968, S. 3 and Schedule. Repealed in its application to Bellary District by Mysore Act 14 of 1955.2. The words "throughout British India" rep. by the A. O. 1948.3. Subs. by Act 47 of 1958, s. 2, for the former sub-section (2). 4. The words "subject to the control of the G.G. in C." rep. by the A.O. 1937.24.(g) the inspection and examination of any such poison when possessed for sale by any such vendor. 3.Power to prohibit importation into India of any poison except underlicence. 3. Power to prohibit importation into India of any poison except under licence. The Central Government may, by notification in the Official Gazette, prohibit, except under and in accordance with the conditions of a licence, the importation into 1*[India] 2*[across any customs frontier 3* defined by the Central Government] of any specified poison, and may by rule regulate the grant of licences. 4.Power to regulate possession of any poison in certain areas. 4. Power to regulate possession of any poison in certain areas. (1) The State Government 4* may by rule regulate the possession of any specified poison in any local area in which the use of such poison for the purpose of committing murder or mischief by poisoning cattle appears to it to be of such frequent occurrence as to render restrictions on the possession thereof desirable. (2) In making any rule under sub-section (1), the State Government may direct that any breach thereof shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both, together with confiscation of the poison in respect of which the breach has been committed, and of the vessels, packages or coverings in which the same is found. 5.Presumption as to specified poisons. 5. Presumption as to specified poisons. Any substance specified as a poison in a rule made or notification issued under this Act shall be deemed to be a poison for the purposes of this Act. 6.Penalty for unlawful importation, etc. 6. Penalty for unlawful importation, etc. (1) Whoever-- (a) commits a breach of any rule made under section 2, or (b) imports 5* without a licence 2*[into 1*[India] across a customs frontier 3* defined by the Central Government] any poison the importation of which is for the time being restricted under section 3, or (c) breaks any condition of a licence for the importation of any poison granted to him under section 3,

shall be punishable,-- (i) on a first conviction, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, and ---------------------------------------------------------------------- 1. Subs. by Act 47 of 1958, s. 3, for "the States". 2. Ins. by the A. O. 1937.3. For definition of the customs frontiers of India, see Gazette of India, 1955, Pt. II, Sec. 3, p. 1521.4. The words "subject to the control of the G.G. in C." rep. by the A.O. 1937.5. The words "into British India" rep. by the A.O. 1937.25.(ii) on a second or subsequent conviction, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. (2) Any poison in respect of which an offence has been committed under this section, together with the vessels, packages or coverings in which the same is found, shall be liable to confiscation. 7.Power to issue search warrants. 7. Power to issue search warrants. (1) the District Magistrate, the Sub-divisional- magistrate and, in a presidency-town, the Commissioner of Police, may issue a warrant for the search of any place in which he has reason to believe or the suspect that any poison is possessed or sold in contravention of this suspect that any poison is possessed or sold in contravention of this Act or any rule thereunder, or that any poison liable to confiscation under this Act is kept or concealed. (2) The person to whom the warrant is directed may enter and search the place in accordance therewith, and the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), relating to search- warrants shall, as far as may be, be deemed to apply to the execution of the warrant. 8.Rules. 8. Rules. (1) In addition to any other power to make rules hereinbefore conferred 1*** the State Government may make rules generally to carry out the purposes and objects of this Act 2*[except section 3]. (2) Every power to make rules conferred by this Act shall be subject to the condition of the rules being made after previous publication. (3) All rules made by the Central Government or by the State Government under this Act shall be published in the 3*[Official Gazette] and on such publication shall have effect as if enacted in this Act. 4*[(4) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect

only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (5) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.] 9.Savings. 9. Savings. (1) Nothing in this Act or in any licence granted or rule made thereunder shall extend to, or interfere with, anything done in good faith in the exercise of his profession as such by a medical or veterinary practitioner. (2) Notwithstanding anything hereinbefore contained, the State Government may 5*** by general or special order declare that all or any of the provisions of this Act 2*[except section 3] shall be ---------------------------------------------------------------------- 1. The words "and subject to the control of the G. G. in C." rep. by the A. O. 1937.2. Ins., ibid. 3. Subs. by para. 4, ibid., for "Gazette of India or the local official Gazette, as the case may be ". Strictly the substitution would read "Official Gazette or the Official Gazette, as the case may be" but the last nine words have been omitted as being obviously redundant. 4. Ins. by Act 4 of 1986, S. 2 and Sch. (w.e.f. 15.5.1986). 5. The words "in its discretion" rep., ibid. 26.deemed not to apply to any article or class of articles of commerce specified in such order, or to any poison or class of poisons used for any purpose so specified. (3) The authority on which any power to make rules under this Act is conferred may, by general or special order, either wholly or partially-- (a) exempt from the operation of any such rules, or (b) exclude from the scope of the exemption provided by sub-section (1), any person or class of persons either generally or in respect of any poisons specified in the order. 10.Repeal of Act 1 of 1904.10. [Repeal of Act 1 of 1904.] Rep. by the Repealing Act, 1927.(12 of 1927).

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N ~ and complete addreaa of tne N.me aM OOtnpieMperson ~ whDro issued ,. ,.,.,... ...,. Quantity and the poison for ~

i.~\le() """"""""""""" .Ptu'PC!Se, ,.. Date onwhichisaued , ~ "';"j""""",:"",~, .:t

Dat,j! (}:f expiry if not ~earl.~. ...This ~t fI~pi~ ~Signature of Issuing Authority. if not used earlier.

~riCt M~ate ()f

.Name of poison.

FORMC(BH nIJe 12)

M~thlll Stock ~~..Naroe of Poison. ' , , ,"",',~ =-

a-lpta

~I~I

JI I" :9 t.'.. a i

~~ a~.a ~ ~ I8Ii i ! 1.

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