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MOHAMMAD AMIR   23 October 2021

section 451 and 506

Are both sections bailable or non bailable?


Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 October 2021

Since an offence of criminal intimidation under Section 506 is a bailable offence, getting bail if you are charged for this offence is a matter of right. The Police can also provide you bail and if not, the Magistrate can be approached.

 IPC 451 is a Bailable offence.

minakshi bindhani   23 October 2021

As per your concern!

According to section 451 of the Indian penal code;
Whoever commits house-trespass to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either descripttion for a term which may extend to two years, and shall also be liable to fine; and

if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years.

When the offence intended is not theft, the offence is cognizable and a warrant should issue in the first instance. It is bailable, and is compoundable with the permission of the Court and is triable by any Magistrate. But if the offence is theft it is both non-bailable and non-compoundable and is triable by any Magistrate.

On the other hand, Section 506. Punishment for criminal intimidation.— Whoever commits, the offence of criminal intimidation shall be punished with imprison­ment of either descripttion for a term which may extend to two years, or with fine, or with both;

If the threat is to cause death or grievous hurt, etc.—And if the threat is to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death order imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprison­ment of either descripttion for all term which may extend to seven years, or with fine, or with both.


In general Section 506 IPC is bailable and non-cognizable in India as a whole (excluding Jammu & Kashmir where IPC does not apply) except in States where the application of this Section has been amended.

Hope it helps
Regards
Minakshi Bindhani

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