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Anees (Designer)     21 August 2009

Law Broken

My friend's uncle is arrested six days before and charged 448 & 506. What does this sections stands for. Is it bailable or non bailable. If bailable what is the procedure. Can we avail bail at station itself. How long will it take to get bail in coimbatore. Kindly help me to solve my friends problem.



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 1 Replies

Nirali Nayak   29 June 2021

Hello mam, greetings of the day.
As per your query, Section 448 and Section 506 define the following. 
Section 448 of Indian Penal Code gives the punishment for house-trespass. It states that whoever commits house-trespass shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine which may extend to one thousand rupees, or both. It is a cognizable and bailable offence. In the bailable offences the police have the authority to release an offender on bail. The offense of House-trespass in enumerated under the list of Bailable offences. Hence, a person accused of House-trespass has the option to get bail. One can provide for security to get the bail. Bail can be given by the officer-in-charge of the police station or the police officer who is investigating.
Section 170 of Cr.P.C. confers authority to give bail, in the officer-in-charge of the police station in case the person is accused of committing a non-bailable offense. Generally it will take between 7 to 15 days max to get the bail either of the way it can be allowed or dismissed basing on the facts in FIR and other parameters. 
Section 506 of Indian Penal Code gives the punishment for criminal intimidation. It states that whoever commits, the offence of criminal intimidation would be punished with imprisonment for a term which may extend to two years, or with fine, or both.
In Virendra Singh vs. State of U.P. and others 2000 the Court proceeded to make observations on the validity of the notification thereby declaring Section 506 as non-cognizable and non-bailable offence. 
Hope this answers your query.
Regards
Nirali Nayak
Law Student


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