Anaita Vas 22 December 2021
Section 367 in The Indian Penal Code - Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.—Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subject to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine.
The 2009 amendments to the Code of Criminal Procedure (CrPC) changed that situation significantly, by bringing in Section 372, which allowed the victim to challenge an acquittal even if the state (represented by the public prosecutor) was not willing to do so. But this was clearly not enough, since challenging an acquittal comes only at the very end of the trial process.
The Madhya Pradesh high court, in its July 18 order in the case of Mahesh Pahade – by allowing the victim to challenge bail – has taken a bold step towards remedying this iniquitous situation and giving crime victims’ rights a much-needed forward push.
P. Venu (Advocate) 22 December 2021
What are the facts? What is the context?
Kawmini Liyanage 22 December 2021
Section 367 of Penal Code deals with the Offence: Kidnapping or abducting in order to subject a person to grievous hurt, slavery, which is punishable with an imprisonment of 10 Years and a Fine. Since the offence is Cognizable & considered as grevious, it is a Non-Bailabe offence. therefore,to grant bail the accused has to have applied for Anticipatory Bail. In order to avoid granting the bail application, you can file an objection by virtue of an affidavit filed before the hon'ble high court under Section 302 of the Criminal Procedure Code by engaging an advocate.
Dr J C Vashista (Advocate) 23 December 2021
Before grant of bail to an accused the complainant / victim is informed by the prosecution/ police, where she can submit her objection.
Aryan Raj 23 December 2021
In response to your query,
Section 376 (2)(n) of the Indian Penal Code-
Commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.
If there is a bail granted to an accused in cases under this section then the victim is informed about the same and thereafter the victim can file an objection for the bail with the police itself.
Ravi G 28 December 2021