Section 326 ipc bailable or not. What is the difference between 324 and 326 IPC? 2022-10-11
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Section 326 of the Indian Penal Code (IPC) deals with the offense of voluntarily causing grievous hurt by means of any dangerous weapon or means. This offense is punishable with imprisonment of up to ten years, or with fine, or with both.
The question of whether this offense is bailable or not depends on the circumstances of the case and the provisions of the Code of Criminal Procedure (CrPC). Under the CrPC, a bailable offense is one for which bail can be granted as a matter of right, while a non-bailable offense is one for which bail can be granted at the discretion of the court.
In the case of a bailable offense, the accused has the right to be released on bail upon arrest, provided that he or she furnishes the required security or surety. On the other hand, in the case of a non-bailable offense, the accused may be detained in custody until the completion of the trial, unless the court grants bail.
Under the CrPC, certain offenses are specifically designated as bailable or non-bailable. In the absence of such a designation, the court has the discretion to decide whether bail should be granted or not.
In the case of section 326 IPC, the offense is not specifically designated as bailable or non-bailable. Therefore, the court has the discretion to decide whether bail should be granted or not, based on the facts and circumstances of the case and the provisions of the CrPC.
In general, offenses involving violence and serious injury are considered to be more serious and are more likely to be treated as non-bailable offenses. However, the final decision on bail in such cases rests with the court, which has the discretion to grant or deny bail based on the facts and circumstances of the case.
Is IPC bailable or not?
Although in the case of bailable offenses full liberty is not cast upon the accused to get bail, and he may get bail, but if the court thinks fit to commit him to custody, then it can do so while giving justifiable reasons. Hence, the offence under Section 324 of IPC continues as a bailable and compoundable, as it originally stood. The whole motive of this system was to ensure the presence of the accused throughout the trial. Firstly, the assault must be on a woman. Secondly, it provides that in cases where the accused has been previously convicted on two or more occasions of a non-bailable and a cognizable offence or he is charged with a cognizable offence, and where he has been previously convicted of an offence punishable with death, life imprisonment, or imprisonment for seven years or more, then the court, for special reasons, after it has found and is satisfied that the release of the accused is just and proper, may grant him bail. Offences committed under IPC 326 are Cognizable and non-bailable, triable by Magistrate of the first class.
For example, the offence of kidnapping under Sentences are higher in the case of non-bailable offences as they are punishable with death, imprisonment for life, or imprisonment which may exceed three years or seven years. Answer — It is a non- compoundable offence. Imprisonment for life, or imprisonment for 10 years and fine. The term stalking refers to a form of harassment which comprises of the repeated and persistent intention of harming or causing fear to the person who is being followed. After reading about these offenses, a man often develops a sense of fear and seriousness in his mind and body. Imprisonment for 3 years and fine Cognizable Bailable Any Magistrate Categories Disclaimer: Some of you may confuse with Pradhan Mantri Vikas Yojana is a govenment authorised website.
The motive of bail is not to set free an accused but rather to set him free from custody either on his personal bond or after having the assurance given by his sureties that the accused would not escape from the law and they are bound to present him before the court. Yet, many people ignores that this Amendment was followed by a Notification dated 21st June, 2006 in the Gazette of India. However, if a woman consents to capture her image or allows for any act, but not consenting to disseminate the same to any third person, and if that person does so, then he shall be liable under the Act. The Supreme Court observed that after being taken into custody, the accused person does not possess the right to file anticipatory bail, but he is at full liberty to go for regular bail under Sections Prem Shankar Prasad v. Bail in non-bailable offences Section 437 of the Code of Criminal Procedure lays down the procedure for bail in non-bailable offences. Cognizable Bailable Magistrate of the first class.
Which IPC is non-bailable? A person charged under section 420 of the Indian Penal Code, 1860 can either apply for a pre-arrest bail i. Lastly, it states that an accused person shall not be released on bail without giving an opportunity to the public prosecutor if the offence with which he is charged is punishable with death, imprisonment for life, or imprisonment for seven years or more. The person who makes a statement in a fiduciary relationship knowing that it is a false statement with dishonest intention then the person will be liable for the offence of cheating. How does a bail bond work? Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills. Lastly, the major legislation passed in 1898, allowed the accused with a poor financial background to furnish bail through a surety, and they were exempted from paying the bail amount.
The following are some examples from Non-bailable Offences under the Indian Penal Code. A separate law to punish offenders in such cases was passed along with amendment of law on sexual offences. Whereas sub-section 4 states that the officer or the concerned court shall record reasons or special reasons in writing while granting bail under sub-section 1 and 2. What is criminal breach of trust in IPC? Every change has moulded the law of bail and the Supreme Court of India has played a paramount and vital role in the same. How do you escape the case in 420? Yet, it is still bailable offence as per the Notification dated 21st June, 2006 inasmuch as Section 42 f iii of CrPC Amendment Act, 2005 was excluded.
It also provides that the refusal of bail on the ground of identification of the accused by the witness in the investigation shall not be sufficient if he is entitled to bail otherwise, and he shall also give an undertaking in regards to compliance with directions which may be given by the court. How long is a bail valid? Section 415 deals with cheating but section 420 deals with the species of cheating which involves the delivery of property or destruction of valuable security. Right to be released on bail The right to be released on bail answers the question of whether the accused has an undeniable right to be released on bail. How many times can bail be filed? Secondly, the accused must have used some criminal force and thirdly, that must have outraged her modesty. It can extend up to life imprisonment with fine.
Section 326 IPC, defines as well as prescribes punishment for voluntarily causing grievous hurt to any person by using any deadly weapons or other dangerous means. The correct answer is Nature of injuries. Is 326 IPC compoundable? They passed on the same rules and provisions that existed in the United Kingdom at that time. Examples The origin of the bail system The bail system dates back to England before the Norman Conquest. Whereas, if acid thrown causes grievous hurt, it becomes an offence under Sec 326B IPC.
Did the article add value to you? If you go through Section 42 sub-section f iii of Code of Criminal Procedure Amendment Act, 2005 No. Default bail Default bail is also called mandatory bail. Punishment for Forgery According to this section- Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to 2 years or with the fine or with both. Is IPC 147 bailable or non-bailable offence? Imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 329 IPC Voluntarily causing grievous hurt to export property or a valuable security, or to constrain to do anything which is illegal, or which may facilitate the commission of an offence. The act also states that offence committed is a Non-cognizable and bailable offence, which is triable by any Magistrate. Section 153A of the Indian Penal Code was not invoked in the case.
Cognizable Non-bailable Court of Session. Imprisonment for 3 years and fine. In 2013, the Criminal Law Amendment Act was introduced on the recommendation of the Justice Verma Committee due to a sharp increase in the number of offenses against women. In the application, the accused, through his counsel, briefs the court with the facts of the case and also gives out the grounds for bail. Not to forget what effects such offences have on the peaceful harmony of society. Is Section 323 bailable or not? Punishment for the offense under section 415 is one year section 417 , while under section 420 up to 7 years imprisonment. These are the cases where thegrant of bail is a matter of course and right.
