Civil Procedure Code (CPC)

Ipc 307


hello,i had one mlc patient in my hospital,,he was assulted by others with bamboo sticks on his head..wound was 3cm*2cm*1cm on head with moderate bleeding.he was conscious,oriented..i informed police and they recorded statement.....they lodged fir with ipc 326,,,,,,my quest is that was not this case suitable for ipc 307?///////,,plz reply------ramdahiphale@yahoo.com-----------------------------regards

 
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legal consultant (9867264707)

the section which is imposed by police is right as per ipc it is a section of 326 .

 

Adv. NIKHIL SETH

Mumbai

 
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LAWYER IN JAIPUR

No Grievous heart, no deadly weapon used.

Even 326 cannot be drawn.

It's a simple case of 323IPC.

 
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Why 326?

Because the act falls withing it as per your given circumstaces.

Why not 307?

Because the act to fall withing this section must be such that but for the intervention of some circumstance it would,if completed,have resulted in death.

If the circumstaces referes to such situation the FIR could be lodged under both the section.

 
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Assistant

At the preliminary stage of the investigtion it is immaterial whether it is registered  under section 326 of 307. It will only be decided at the time final charge sheet made by the police. During the investigation it may come to light that the intention of the offender was to cause such injury which in ordinary course could have cause certain death at that time it can be changed to section 307 . In cases it is seen that initially it is resigtered under 307 and latter it comes to be under 326 at the final charge sheet. If the victim feel that the case is not registered under the appropriate sections they can approach the CJM with a protest petition.

 
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Advocate/ nadeemqureshi1@gmail.com

Dear querist

I agree with Mr. Surjit

 
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lawyer

It depends on investigation and after which charges are framed..These are the charges on which the trial will proceed.

 
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