354 d as non bailable
Rajesh
(Querist) 07 April 2015
This query is : Resolved
Hello All,
We have lodges a complaint against a person for sending sms and calling a women, the police registered a case u/s 354D and grant him bail right away.
but the person is continuously sending the sms and calls. We approached the court with the request that please book him under non-bailable as this is second offense. now the lawyer of opposite party says the 354D becomes non-bailable only after conviction in first case.
Query : what is the best remedy in law available with women to save herself from such sms and phone calls.
2. is 354 D would not become non-bailable at second offence when the first one is still under trial only.
thanks in advance for your support .
SAINATH DEVALLA
(Expert) 07 April 2015
354(d)
if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty.
Devajyoti Barman
(Expert) 07 April 2015
He can booked for second time for the same offence.
Rajendra K Goyal
(Expert) 07 April 2015
She should lodge another complaint for new offense.
Rajesh
(Querist) 08 April 2015
thanks for the reply, however my primary question is :
- could he be booked as non-bailable offence in 354-D second time when the first case is still under trial.(as 354D is bailable as first time and non-bailable for second time)
thanks in advance for the reply.
SAINATH DEVALLA
(Expert) 08 April 2015
non bailable 2nd time
354D
Stalking.
Imprisonment up to 3 years and with fine for first conviction.
Cognizable
Bailable
Imprisonment up to 5 years and with fine for second or subsequent conviction.
Cognizable
Non-bailable
