LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Savita Singh (Advocate)     07 December 2012

Qurery with regard sec 324 ipc

what is th status of Sec. 324 IPC after 2009 amendment in Cr.P.C?

Whether it is compoundable or not or is it bailable or not????



Learning

 11 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 December 2012

Dear Querist 

 

Section 324. Voluntarily causing hurt by dangerous weapons or means

 

Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-Bailable—Triable by any Magistrate—Compoundable by the person to whom hurt is caused with the permission of the court.

 Feel Free To Call

Arvind Singh Chauhan (advocate)     08 December 2012

According to Cr.P.C Amendment Act 2005 It became Non bailable on 23 June 2005 (Date of publication)

 

According to Cr.P.C Amendment Act 2008 it became non compondable on 31 Dec 2009 ( Date fixed for enforcement by bpublication in official gazttee) as new shedule waa substituted in place of old in Sec 320.

 

New shedule lacks 324.

Savita Singh (Advocate)     08 December 2012

thanks Mr. Nadeem Qureshi and Mr. Arvind for reply.

As per my knowledge sec. 324 is still bailable because the amendment of 2005 with regard to sec. 324 IPC is not notify till date.

but I am confused whether it is compoundable or not??

Do anyone have Notisfication of 31-12-2009.

Arvind Singh Chauhan (advocate)     08 December 2012

324 IS  Non bailable as attached notification below.


Attached File : 366982622 cr.p.c amendment act 2005 official gazette.pdf downloaded: 370 times

Arvind Singh Chauhan (advocate)     08 December 2012

I have only the first page of notification of 30 Dec 2009 but have the copy of Cr.P.C amendment Bill 2008.

Which I am attaching here and attaching the first page of notification also.

 

PLEASE SENIORS CORRECT ME IF I AM WRONG


Attached File : 366982622 cr. p.c amendment bill 2008.pdf downloaded: 234 times

Arvind Singh Chauhan (advocate)     08 December 2012

As I could not attach Zip file I am attaching seperately Sorry

Arvind Singh Chauhan (advocate)     08 December 2012

Ooof agian I forgot.


Attached File : 366982622 cr.p.c amendment act 2008 official gazzete.pdf downloaded: 253 times

Savita Singh (Advocate)     08 December 2012

Thanks Mr. Arvind for your reply

Now its clear that sec. 324 IPC is compondable after 31st Dec 2012.

But it is still bailable because there is no notification in this regard.

your attachment in this regard just show that it become non-bailable only from the date when it will notify and till date there is no notification.

 

Savita Singh (Advocate)     08 December 2012

sorry I mean after 31 st Dec 2009

Arvind Singh Chauhan (advocate)     09 December 2012

Don't you think first attachment is the Notification/ publication itself.

Savita Singh (Advocate)     09 December 2012

 

This is the  notification with regard to 2005 amendment in Cr.P.C

GOVERNMENT OF INDIA

 

 

Subject:

Date of commencement of Code of Criminal Procedure 

(Amendment) Act, 2005

 

 

Notification No.S.O. 923 (E)File No.2/5/90-Judl 

Cell (Vol. VIII)Date.21 Jun 2006

 

 

Notification

In exercise of the powers conferred by sub-section 

(2) of Section 1 of the Code of Criminal Procedure 

(Amendment) Act, 2005 (Act No. 25 of 2005), the 

Central Government hereby appoints the 23rd June, 

2006, as the date on which the provisions of the 

said Act, except the provisions of Sections 16, 

25, 28(a), 28(b), 38, 42(a), 42(b), 42(f)(iii) and 

(iv) and 44(a), shall come into force. 

Now  read it with 2005 amendment in Cr.P.C
 
If Iam wrong correct me

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register