Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)
File Caveat in Supreme Court
Contact Ph no: +9650499965

Main Categories
 Accident Law
 Animal Laws
 Arbitration
 Aviation Law
 Bangladesh Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Miscellaneous
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscription
Subscribe now and receive free articles and updates instantly.

Name
Email




Published : June 16, 2012 | Author : YSRAO JUDGE
Category : Criminal law | Total Views : 60381 | Rating :

  
YSRAO JUDGE
Y.SRINIVASA RAO, M.A(English).,B.Ed.,LL.M.; Judicial Magistrate of I Class; Topper in LL.M
 

 Whether Section 324 Of Ipc Is Bailable Or Non-Bailable

I deem that it is very interesting to discuss as to section 324 of Indian Penal Code,1860 is now bailable offence or non-balibale offence. If you go through Section 42 sub-section (f)(iii) of Code of Criminal Procedure (Amendment) Act, 2005 (No. 25 of 2005) which says section 324 of Indian Penal Code,1860 is non-bailable offence. Yet, many people ignores that this Amendment was followed by a Notification dated 21st June, 2006 in the Gazette of India. According to this notification, section 324 of Indian Penal Code,1860 is not non-bailable offence. Because of ignorance of this notification, in some of places, the persons ,who arrested for the offence under section 324 of IPC, could not get bail immediately, despite it is still bailable offence.

- At this juncture, I deem that it is appropriate to refer, to remember the importance of granting bail, the land mark ruling delivered by the Hon'ble Justice Krishnaiyer, V.R. In '' STATE OF RAJASTHAN, JAIPUR Vs BALCHAND @ BALIAY'',1977 AIR 2447, 1978 SCR (1) 535; HELD : The basic rule is bail, not jail, except-where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like by the petitioner who seeks enlargement on bail from the court. When considering the question of bail, the gravity of the offence involved and the heinousness of the crime which are likely to induce the petitioner to avoid the course of justice must weigh with the court. In the instant case the circumstances and the social milieu do not militate against the petitioner being granted bail on monetary suretyship at this stage. At the same time any possibility of the abscondence or evasion or other abuse can be taken care of by a direction that the petitioner will report himself before the police station once every fortnight. He was on bail throughout the trial but was released after the judgment of the High Court, there is nothing to suggest that he has abused the trust placed in him by the court. He is not it desperate character or an unsocial element who is likely to betray the confidence that the court may place on him to turn up to take justice at the hands of the court.

Act 5 of 2009:
From 31st December, 2009 onwards, Section 324 of IPC is no compaundable. 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.

What Section 42 sub-section (f)(iii) of Code of Criminal Procedure (Amendment) Act, 2005 (No. 25 of 2005) says :
It says as infra:
42. Amendment of the First Schedule.-In the First Schedule to the principal Act, under the heading “I.-OFFENCES UNDER THE INDIAN PENAL CODE”,-
…………
(f) in the 5th column, in the entries relating to-
……..
(iii) section 324, for the word “Ditto”, the word “Non-bailable” shall be substituted;
………….
This Amendment was followed by a Notification dated 21st June, 2006 in the Gazette of India :

MINISTRY OF HOME AFFAIRS
Notification
New Delhi, the 21st June, 2006

S. O. 923(E).- In exercise of the powers conferred by sub-section (2) of section 1 of the Code of Criminal Procedure (Amendment) Act, 2005 (No. 25 of 2005), the Central Government hereby appoints the 23rd June, 2006, as the date on which the provisions of the said Act, except the provisions of Sections 16, 25, 28(a), 28(b), 38, 42(a), 42(b) 42(f) (iii) and (iv) and 44(a), shall come into force.

[F. No. 2/5/90-Judl Cell (Vol VIII)]
Dr. P. K. SETH, Jt. Secy.

The Notification vividly says that Section 42(f)(iii) of Cr.P.C Amendment Act, 2005 is excluded and therefore not yet enforced. Which means that Section 324 of Indian Penal Code (IPC) continues to be a bailable offence but is not non-bailable.

Conclusion:
Mulling over all these facts and keeping in view of the above notification, it is vividly known that section 324 of IPC is bailable offence as it was earlier but is not non-bailable. Therefore, the newly recruited judicial officers should aware of the same.




1 2 3 4 5
Rate this article!     Poor
Excellent    

Most viewed articles in Criminal law category
The Power of The Magistrate Under Section 156 (3) of Cr.P.C
The Elements and Stages of a Crime
Dying Declaration-Section 32(1) of Indian Evidence Act
Confession under Indian Evidence Act
Duty of The Public Prosecutor In The Criminal Justice System
Rape Laws In India-Appropriate or not?
Whether Section 324 Of IPC Is Bailable Or Non-Bailable
Change in definition of Rape in India
Experts Opinion and its admissibility and relevancy - Law of Evidence
Mens Rea in Statutory Offences
Section 91(1) CrPc: An analysis of Constitutional Validity
Anti - terrorism laws in India
Need on capital punishment in the context of rape
Common Intention And Common Object Under The Indian Penal Code 1860
Secondary Evidence
Rights of Arrested Person
Most recent articles in Criminal law category
is rope an answer for crime?
Formation of Special Courts in Rape Cases for Speedy Trial: A Necessity
Quash 498a -Vague allegations in Fir
Quashing of False FIR registered under 498A and 406 of the Indian Penal Code
Unsophisticated Arena of Criminal Investigation: Loopholes and Repercussions
Terrorist and their Tactics:-Need of Creative Criminology
How a Defendant Grand Jury Testimony Can Be Used at Trial
Yakubs Death Punishment
Framing of a Law or Enforcement of a Law
Compensation: A Ray of Hope
Evidential Value of Private Reports in Court of Law
Intention an Integral Part of Crime
Nature and Scope of Plea Bargaining
Mercy Petition Boon or Bane
125 CrPC-Scope of Revision
Consequences of Prolonged Delays in Rape Trial

Article Comments

there are no comments...


Welcome!
Please login or register a new free account.

Random Pick
It is indeed very important for any individual to safeguard his personal life and issues which ought to be a secret in his life. The Indian government should take adequate steps to frame a law in accordance with article 21 of the constitution that would safeguard the private life of her citizens thereby saving the personal data from being misused by anybody, whether from India or elsewhere.

Statistics
» Total Articles
1551
» Total Authors
4647
» Total Views
20674635
» Total categories
42

Law Forum


Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers

TOP

India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2017
 ISBN No: 978-81-928510-1-3