for IPC Section 324,325
Querist :
Anonymous
(Querist) 04 January 2011
This query is : Resolved
section 324,325 I.P.C now it is bailable or non bailable?
M.Sheik Mohammed Ali
(Expert) 04 January 2011
324. Voluntarily causing hurt by dangerous weapons or means.-Whoever, excepted in the case
provided for by section 334, voluntarily cause hurt by means of any instrument for shooting, stabbing or
cutting, or any instrument which, used as weapon of offence, is Kelley to cause death, or by means or
fire or any heated substance ,or by means of any animal, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 3 years, or fine, or both - Cognizable –Bailable-Triable by
Magistrate –Compoundable by the per son to whom hurt is caused with the pernission of the
court.
COMMENTS
(i) Where conviction of accused is altered from under section 307 to section 324 IPC. Then
the sentence of imprisonment is reduced to period already undergone as an undergone
as an under trial and as a convict; Rohtas v. State of Uttar Pradesh, 2000 Cr LJ (All).
(ii) During 22 years of proceedings the accused were already in custody for a long period
taken together, this offence was of causing minor injuries, deceased victim not caused
by accuses, sentence of periof\d already undergone in jail is sufficient punishment ,
Ramharakh v. State of Uttar Pradesh, 1999 Cr LJ 30001 (All).
325. Punishment for voluntarily causing grievous hurt.W - hoever, except case provided for by section
335, voluntaruily causes grievous hurt, shall be punished with imprisonemtn if either description for a
term which may extend to seven years, and shll also be liable to fine.
. CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 7 years, and fine, or both -Cognizable – Bailable-Triable by any
Magistrate – Compoundable by the person to whom hurt is caused with the permission of the court
Sankaranarayanan
(Expert) 04 January 2011
Virendra Singh And Ors. vs State Of U.P. And Ors. on 1/8/2002
Behari And Ors. vs The State on 16 February, 1953
Pahar Singh And Ors. vs State Of Rajasthan on 14 October, 1998
Ved Prakash vs The State (Central Bureau Of ... on 18 January, 1994
Bhima And Ors. vs State Of Haryana on 20 November, 1968
Jayantilal Vrajlal Barot vs State Of Gujarat And Anr. on 21 July, 1967
go to this case and seen, what ms uma told is very correct it depends up the state,
Arvind Singh Chauhan
(Expert) 04 January 2011
According to Cr.P.C. amendment Act 2005 - 324 is non bailable and 325 is bailable. PLZ find the attachment.
Guest
(Expert) 04 January 2011
KINDLY NOTE THAT,
SEC.324 VOLUNTARILY CAUSING HURT BY DANGEROUS WEAPONS OR MEANS -THIS OFFENCE IS NON BAILABLE.AND NOW MADE NON COMPOUNDABLE.
SEC.325.VOLUNTARILY CAUSING GRIEVOUS HURT.THIS OFFENCE IS BAILABLE AND COMPOUNDABLE.
REGARDS .
Guest
(Expert) 04 January 2011
324 non bailable
325 bailable
Ravikant Soni
(Expert) 14 July 2013
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.
