Can we get bail in IPC 376?
Popular Criminal Lawyers In non-bailable sections you cannot claim bail as a matter of right , and further section 376 does not fall under the purview of compoundable offence. so it is purely upto the court to decide whether bail should be granted or not.
How do I settle IPC 376?
HOW CAN I WITHDRAW CASE OF SECTION 376 FILED
- Under Section 257 of Cr. P.C Criminal Complaint can be withdrawn by the Complaint by a petition to the court.
- Under Section 321 of Cr. P.C Criminal Complaint can be withdrawn by a petition to the court by the Public Prosecutor.
- Under Section 320 of Cr.
What is the punishment for 376?
Punishment for rape. 376. 1. Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not he less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine.
How do I fight false 376 case?
You can lodge a complaint to your nearest police station giving details of threats and blackmailing and her bad behavior. Women use 376 against the male members of the family, which is a crime with a punishment of imprisonment for life. Just because of false and fabricated cases of Rape, actual victims lack justice.
Can Posco case be withdrawn?
There is no provision per se to withdraw a case under POSCO as these are non compoundable offences. However you can try to get the same quashed by the high court based on settlement.
Can FIR be squashed?
The FIR an be quashed on the basis of compromise at any stage by the High Court. Both the parties can file a joint petition under Section 482 CrPC for FIR quashing. Thereafter, the Court will scrutinize the facts, circumstances and aspects of the matter before passing an order for quashing of FIR.
What is IPC 376 A?
“376. Punishment for sexual assault – 1 (a) whoever, except in the cases provided for by sub-section (2) commits sexual assault shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to 10 years and shall also be liable to fine.
When was appellant arrested under Section 376 IPC?
Appellant was arrested on 1.11.1998. Statement of the prosecutrix was recorded under Section 164 of Code of Criminal Procedure, 1973 (hereinafter called ‘Cr.P.C.’) on 20.11.1998 before the Metropolitan Magistrate, New Delhi. After completion of investigation, charge sheet was filed against the appellant under Section 376 IPC on 21.4.1999.
What is Section 376 of Indian Penal Code?
State (GNCT of Delhi)” case The Author, Yash Jain is a Final Year LLB student at Jindal Global Law School. The case involved a charge of section 376 of the Indian Penal Code, which is an offence of rape.
What is IPC chapter 376 B?
IPC Chapter XVI S. 376 B Sexual intercourse by husband upon his wife during separation Description
How was the appellant arrested under Section 164 of CrPC?
Appellant was arrested on Statement of the prosecutrix was recorded under Section 164 of CRPC. After completion of investigation, charge sheet was filed against the appellant under Section 376 IPC .- Prosecution examined 11 witnesses in support of its case.