Regulation of Acid Sales
Laws governing the sale, purchase, and storage of corrosive acids in India
Why is Acid Sale Regulated?
The Supreme Court of India in Laxmi v. Union of India (2014) directed all State Governments to regulate the sale of acid strictly in order to prevent its misuse. Following this, the Central Government issued guidelines and states enacted rules under the Poisons Act, 1919.
1. Prohibition on Over-the-Counter Sale
Acid cannot be sold over-the-counter to any person without a valid reason and proper identification. Seller must maintain a record of the buyer's name, address, and purpose of purchase.
2. Mandatory Buyer Identification
Any person purchasing acid must provide government-issued photo identification (Aadhaar card, Voter ID, etc.). The seller must record this information in a register and submit it to local authorities periodically.
3. Licensing of Sellers
Only licensed retailers are permitted to sell acids. Sellers must obtain a licence from the appropriate state authority. Sale of acid without a licence is a criminal offence.
4. Restriction on Quantity
The Supreme Court directed that acid should not be sold to anyone below the age of 18. The quantity sold must be strictly regulated and not exceed amounts suitable for legitimate industrial or educational purposes.
Penalties for Illegal Sale
Selling acid without a licence is punishable under the Poisons Act and relevant state regulations.
Selling acid to a minor is a punishable offence.
Failure to maintain sales records can lead to suspension or cancellation of licence.
Any seller who knowingly sells acid for use in an acid attack can be prosecuted as an abettor under the BNS.