IPC 376 and IPC 354
Querist :
Anonymous
(Querist) 17 March 2011
This query is : Resolved
ONe of my friend is cherged with a false case of IPC 376/511. As per the victim accused attempted to rape whereas there are no medical reports or evidednces other than her maid's false statement.
Police in this case is claiming that they can after inquiry by senior officials convert IPC 376/511 to IPC 354. We have given the application for enquiry by senior police officials in this case. I want to know is this possile for police to do this?
Guest
(Expert) 17 March 2011
the question is whether the challan has been submitted or not? if challan is submitted than charge will be framed only on the basis of the report and the public prosecutor may file for the amendment of challan as per the report of the IO. if challan is not submitted than police may take the supplementary statement of the complainant and the report will be submitted accordingly but it becomes very difficult to alter the charge.
Arvind Singh Chauhan
(Expert) 17 March 2011
I agree with Mr. Bishnoi. But if matter is under investigation, What you are asking is possible. If police finds in investigation that there was no attempt of rape and there was offence of 354 only.
Querist :
Anonymous
(Querist) 18 March 2011
Thanks for replying.
So, in that case does the FIR then becomes in of 354 and is it possile for my friend to get bail on behalf of that FIR.
Dineshwar Singh Kaushik
(Expert) 18 March 2011
From your query it is clear that the case is under investigation and it is possible that after supervision by senior police officer the police can submit charge-sheet u/s354 of IPC & your friend may get bail.
Guest
(Expert) 18 March 2011
if the challan is submitted itself only for the offence of only u/s 354 IPC then you will get the bail easily. FIR will not be changed in any circumstance only the challan will be submitted in this regard.
Querist :
Anonymous
(Querist) 18 March 2011
After getting bail,how can we proceed to close the case. If the other party gets ready for compromise, can we quash the FIR for 354.
Guest
(Expert) 19 March 2011
if the parties are under compromise than the witnessed be turned hostile and than case comes to an end.
Querist :
Anonymous
(Querist) 23 March 2011
Today we have surrendered and applied for bail. What are the chances of getting bail in this case?
Querist :
Anonymous
(Querist) 23 March 2011
Thanks all of u for repluying. My friend surrendered and got bail.
Wanted to know what shud be our next step. Also, can this bail be challenged anywhere.
