spatwar (engineer) 16 December 2010

IPC 326

My neighbors attacked us, they were fully drunken and both parties were injured. from my family i got serverly injured my tooth broke and now needs surgery. since i need to travel to US on the same day & I can't canel my flight ticket i came to US. There was no time for us to go to police station. Next day when my parents went to police station, by that time my neighbors gave complaint and they went with band-aids on their face. Police trusted them. Now my neighbors filed false case on my family. Other party went to police station and filed a case. Police did an investigation(just for the sake of doing) and filed FIR on IPC 324 & 509 sections. Later my neighbors brought a medical report from one small hospital and with that proof police changed IPC 324 to IPC 326?

1. Can police change the IPC sections that were initially framed in FIR?

2. Neighbor survived some minor injuries, they proclaims that we hit with stone and his nose bone is fractured. will this come under IPC 326, I am attaching the Medical report that my neighbors got from the hospital?

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17 Replies

spatwar (engineer) 16 December 2010

Originally posted by :spatwar

My neighbors attacked us, they were fully drunken and both parties were injured. from my family i got serverly injured my tooth broke and now needs surgery. since i need to travel to US on the same day & I can't canel my flight ticket i came to US. There was no time for us to go to police station. Next day when my parents went to police station, by that time my neighbors gave complaint and they went with band-aids on their face. Police trusted them. Now my neighbors filed false case on my family. Police did an investigation(just for the sake of doing) and filed FIR on IPC 324 & 509 sections. Later my neighbors brought a medical report from one small hospital and with that proof police changed IPC 324 to IPC 326?

1. Can police change the IPC sections that were initially framed in FIR?

2. Neighbor survived some minor injuries, they proclaims that we hit with stone and his nose bone is fractured. will this come under IPC 326, I am attaching the Medical report that my neighbors got from the hospital?

3. Now my family is on bail, will this case can be closed (compoundable) if both parties compromises?

JT Rajasuriya, Chennai (Advocate 98410 53790) 16 December 2010

Even if the police changed the section, your counsel can explain to magistrate of the grievousness of the injury.

Pvt. hospital reports are not that reliable and how many days was the party treated in hospital?

spatwar (engineer) 16 December 2010

He was NOT hospitalized at all. It was very minor injuries.

IPC 326 is compoundable case, can this case can be withdrawn upon if both parties agrees?

(Guest)

no 326 of IPC is Non Compondable offence

spatwar (engineer) 17 December 2010

Thanks Navin for the reply but, can this case be moved to lok adalath?

JT Rajasuriya, Chennai (Advocate 98410 53790) 26 December 2010

For non-compoundable offences you have to obtain permission of the court for compounding the same.

Dr.Sidharth Arora (Advocate) 27 December 2010

First,technically speaking Police CAN change the sections as mentioned in the F.IR. pursuant to the course of investigation.For example.If a person is shot and is still alive the initial FIR will be 307 IPC (attempt to murder)..however 2 days later if he dies in the Hospital...the sections will be modified to 302 IPC(MURDER)...i HOPE ITS CLEAR.

Now in your case if you see a deviation from the truth...let the chargesheet be filed.....Understand Framing of charge is the duty of the court not the police...Your advocate will argue on the charge...and if the case pertains to 324...so it be.....the Judge will certainly appreciate...This is the domain of your Advocate.Later you can think of other legal remedies....Cool it.

Dr.Sidharth Arora

Advocate

9717315444

spatwar (engineer) 30 December 2010

Thanks Siddarth!!

kotigade (HR) 24 November 2011

Hi Sir

Good Morning

IPC-326 is it minor or major case .,

Thanks

Gade

kotigade (HR) 24 November 2011

Hi Sir

One neighbor attached on my uncle, he was injured and his leg bone was broke and surgery, he was taken 20days treatment in government hospital. Now the case is going to final under magistrate ,we have only one eye witness ,he told very good under investigation of mejistrate. all witnesses investigation is completed except goverment doctor and police . Is it one witness is enough for case strong.the section is IPC-324.

How the case will be close with our favour or neighbor favor

Thanks

Gade