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Surata Ram (Dy Director)     01 April 2011

can police take bond in IPC 324 /34 crime

Police has accepted bonds from the accused in case where police invoked IPC 324/34, 341, 143.

On query the SP, Police said the police has the power to take bond from the accused instead of arresting and producing them before magistrate.

Kindly clarify with quote of relevant provisions whether police can take bond in cases of IPC 324.

Early reply would be appreciated.

Surata Ram



Learning

 3 Replies

Tajobsindia (Senior Partner )     01 April 2011

@ Author

S. 324 of IPC was amended in the year 2005 and it became a non bailable offence; but the commencing date of this amendment is not notified so far by the central government. So at present S. 324 of IPC is bailable offence.


S. 324 of IPC was again amended in the year 2009 and it became non compoundable offence and by the amendment act itself, this amendment along with other amendments came in to force immediately. So at present S. 324 of IPC is a non compoundable offence.


Addendum:
Police should not arrest a person accused of having committed a cognizable and non cognizable offence until it is very necessary for the purpose of investigation or custodial interrogation say for recovering incriminating articles or weapons of offence or eliciting information as to his accomplices etc. or for any other purpose that may help in gathering evidence to prove his guilt ; (2) Arrest should always be avoided if the investigation can be completed even otherwise and the accused gives full co-operation in completing the investigation; (3) Arrest may be necessary, if the offence alleged is of grave nature and prescribes severe punishment and there is a likelihood of an offender either absconding or not appearing on being summoned or his fleeing away from justice or judgment.
Re.: Court on its own motion Vs Central Bureau of Investigation
2006(4) Criminal Court Cases 442 (
Delhi
)



You may also like to refer to link:

https://www.dnaindia.com/india/report_supreme-court-suggests-changes-in-ipc-section-324_1426430 

Sarvesh Kumar Sharma Advocate (Advocacy)     01 April 2011

yes ,if police is setisfy by the accused that accused will support in the investigetion and help then police can take bond.

harshit saxena (student)     02 April 2011


S. 324 of IPC was again amended in the year 2009 and it became non compoundable offence and by the amendment act itself, this amendment along with other amendments came in to force immediately. So at present S. 324 of IPC is a non compoundable offence.

S. 324 of IPC was amended in the year 2005 and it became a non bailable offence; but the commencing date of this amendment is not notified so far by the central government. So at present S. 324 of IPC is bailable offence.

now to your querry...

perhaps u mean bail bonds taken by police....

bail can be given by sho in bailable,as well as in non bailable cases u/s 436 and 437 of code of criminal procedure code...

in bailable offences,bail is right of accused,except voilation of condition of bail....
sec 436 cr.p.c.

in non bailable cases,sho has equal power as magistrate has....sec 437 cr.p.c.....

thus,if bonds are taken by police,i.e. to say bail granted by sho of police station,it is permissible under law...


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