Sec. 326 IPC
Joydip Mukherjee
(Querist) 18 May 2008
This query is : Resolved
The victim receives Hurt by iron rod on the forehead which caused 3 Stitches and admission in Hospital more than 12 days will it attracts sec 326 IPC? and the Bail prayer of the accused should be allowed or not?
Joydip Mukherjee
(Querist) 18 May 2008
The Accused persons filed a petition U/s 438 of Cr.P.C. before Hon'ble Court of Session.What are the steps may be taken from the part of the victim to put the accused in Jail?
david vijaykumar
(Expert) 18 May 2008
Yes, it will attract section 326 IPC.
The accused also is perfectly right in seeking bail under section 438 CRPC.
It is for the complainant to successfully convince Court on the following grounds if can be made out:
a) Non-arrest of the accused will have serious implication in the investigation of the case as he is a threat to not only the victim but also to the witnesses.
b) The accused person, if allowed free till the investigation is not completed, it likely to cause disturbance to peace and tranquility in the locality/area as he is expected to flex his muzzles, etc.
The above only a very few out of many grounds that can be presented before the court and seek detention of the accused till investigation is completed.
However, the above are only general in nature and the case should be dealt on the set of facts and circumstances that prevail in the field.
a.haridasan
(Expert) 18 May 2008
dear joydip,
section 320 of the ipc deals with the grievous hurt ,and the section 326 is attracted if it comes and followed any one of the ingriedient precribed in the section 320 of IPC.in ur case ,the victim was hospitilsed for 12 days ,so it can not be said that it will atract 326 ipc by the light of the 8th condition of the section 320. so the case will attract only 324 IPC .
H. S. Thukral
(Expert) 18 May 2008
Section 320 IPC uses the world 'only' and describes the hurts which can only be designated as grievous hurts. To bring the offence under section 326 it would have to be shown that the injuries endangered the life of victim which solely be judged form the medical report. The offence otherwise should fall under section 324/325 IPC
As far as anticipatory bail under section 438 Cr.P.C is concerned ,it will be the investigating officer of the concerned Police Station who will assist the court in deciding whether the accused should be admitted on bail. The Victim as such can not participate directly in a state case in the trial court.
Srinivas.B.S.S.T
(Expert) 20 June 2008
OK as far as the bail petition is concerned the victim has no voice to say anything.
