Question: How Can I Get Bail In 376?

What is the punishment in 420 case?

—Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with ….

How do you prove IPC 376?

To hold that the accused has committed offence under Section 376(2)(i) of the IPC the prosecution has to establish that the accused has committed rape on a victim when she was under 16 years of age and further to hold that the accused has committed offence under Section 376(2)(n) the prosecution has to establish that …

How long does it take to get a bail from session court?

On an average of the 100 such application for bail that a sessions court is likely to receive in a month, bail is granted in only about ten percent of the cases. And this is regarding the bailable sections. Of the non-bailable offences, the matter is usually decided by the High Court of a state.

What is the Article 376?

“376. Punishment for sexual assault – 1 (a) whoever, except in the cases provided for by sub-section (2) commits sexual assault shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to 10 years and shall also be liable to fine.

Which IPC section is most dangerous?

Section 300:- Murder. If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.

What does Article 375 say?

Section 375 of the Indian Penal Code defines rape as “sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case if she is under 18 years of age.”

What is the punishment for beating someone?

Under section 323 of IPC punishment of voluntary causing hurt to someone is imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Can I get anticipatory bail in 376?

Merely because the charge under Section 376 IPC, which is a serious charge, is now added, the benefit of anticipatory bail cannot be denied when such a charge is added after a long period of time and inaction of the prosecutrix is also a contributory factor.

How do you get bail from a cheating case?

The main consideration judge takes while granting anticipatory bail in 420 is the existence of Prima-Facie case. That means if on the face of it there seems to be fraud or cheating without going to analysis of evidence if there is fraud then court can decline bail to accused.

How do you get bail in IPC 354?

SECTION 354 IPC – Indian Penal Code – Assault or criminal force to woman with intent to outrage her modestyOffence : Assault or use of criminal force to woman with intent to outrage her modesty.Punishment : 1 to 5 years + Fine.Cognizance : Cognizable.Bail : Non-bailable.Triable : Any Magistrate.

What is Article 354 A?

—Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Can anticipatory bail be challenged?

On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this).

Can a magistrate grant bail in sessions triable cases?

There is no prohibition on a Magistrate to grant bail in a Sessions triable case, unless it is punishable with death or imprisonment for life, and it is absolutely necessary that the Magistrate give up the erroneous practice of refusing to consider or grant bails in such cases where there is no prohibition under the …

Can I get bail in non bailable Offence?

At the very outset, it is clarified that yes a bail can be granted even in cases of Non-Bailable offences under the Code of Criminal Procedure (CrPC). The difference being that bail is a matter of right if the offence is bailable and is a matter of discretion if the offence is non-bailable.

What IPC 269?

—Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Is bail possible in 376?

Popular Criminal Lawyers In non-bailable sections you cannot claim bail as a matter of right , and further section 376 does not fall under the purview of compoundable offence. … If you are willing, yes bail can be granted.

What is the punishment for cheating case?

Section 420 in the Indian Penal Code deals with Cheating and dishonestly inducing delivery of property. The maximum punishment which can be awarded is imprisonment for a term of 7 year and fine.

Is Sec 354 bailable?

Punishment for the first three offenses is imprisonment up to three years, or with fine, or both, whereas punishment for the last offense is imprisonment up to one year, or with fine, or both. Section 354A is cognizable, bailable and can be tried by any magistrate.

What is Section 295 A?

SECTION 295-A: The object of Section 295-A is to punish deliberate and malicious acts intended to outrage the religious feelings of any class by insulating its religion or the religious beliefs.

What is the punishment for murdering and surrendering in India?

Description of IPC Section 302OffencePunishmentCognizanceMurderDeath or Imprisonment for Life + FineCognizable

What is the punishment for 376?

(1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which 1 [shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine].