307 or 324

padmarao (Querist) 21 May 2010 This query is : Resolved
Sir/Madam,
When ever ther is a fight between individuals with weapons like sticks or rods and one party gets injured,usually the injured would like to file case U/s 307 IPC to harass the other party.How police will decide weather its 307 or 324?any citations?
regards
padmarao

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Arvind Singh Chauhan (Expert) 22 May 2010
If the injuries are on vital part of the body and dangerous to life it would be 307 otherwise 324.

Guest (Expert) 22 May 2010
KINDLY NOTE THAT SECTION 307 OF INDIAN PENAL CODE IS TRIABLE BY COURT OF SESSIONS AND SECTION 324 OF I.P.C.IS TRIABLE BY JMFC.COURT

WHENEVER THE INJURY CAUSED IS OF GREVIOUS NATURE AND THERE IS A POSSIBILITY OF DANGER TO THE LIFE OF VICTIM THEN SEC.307 IS ATTRACTED ON THE BASIS OF REPORT OF CIVIL SURGEN OF GOVT.MEDICAL HOSPITAL.IN SUCH CASES BAIL IS TO BE ALLOWED BY THE COURT OF SESSIONS.IT CAUSES HARASSMENT TO THE ACCUSED AND HE WILL REMAIN IN JAIL TILL BAIL IS GRANTED .
BUT IN CASE OF SEC.324 ,IT IS TRIABLE BY JMFC COURT AND BAIL CAN BE GRANTED BY SAME COURT AND ACCUSED CAN BE RELEASED IMMEDIATELY BY FURNISHING SURELY.
THIS IS THE REASON AND ANSWER TO YOUR QUESTION.
THANKS.

Uma parameswaran (Expert) 22 May 2010
If the accused have an intention to attack and never have intention to cause death,simple injury and if the grievous injury is not in vital part,then it will come under 324 IPC.

Raj Kumar Makkad (Expert) 23 May 2010
I do agree with nandkumar.

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