Salim Vahora 10 June 2020

sec 324 is bailable or nonmailable

Quick Summary

Section 324 of the Indian Penal Code is often mistakenly considered non-bailable. However, following the Code of Criminal Procedure (Amendment) Act, 2005, it is officially a bailable offence. This clarification stems from a notification dated 21st June 2006, which amended Section 42 of the Act. Despite this, some individuals are still unaware, leading to delays in obtaining bail for Section 324 offences.

3 Replies

Shiva Makineni 11 June 2020

Bailable case it is

Manogya Chava 11 June 2020

There is a misconception that Section 324 is a non-bailable offence. However, as stated above it is a bailable offence. According to the Section 42 sub-section (f)(iii) of Code of Criminal Procedure (Amendment) Act, 2005 notification, section 324 of Indian Penal Code,1860 is not non-bailable offence. Because of ignorance of this notification, in some of places, the persons ,who arrested for the offence under section 324 of IPC, could not get bail immediately, despite it is still bailable offence.

Hope this provides the answer.

Dr J C Vashista (Advocate) 13 June 2020

Section 324 of Indian Penal Code,1860 is now bailable offence not a non-balibale offence after amendment in Section 42 (f)(iii) of Code of Criminal Procedure (Amendment) Act, 2005 (No. 25 of 2005) Notification dated 21st June, 2006 in the Gazette of India, which says section 324 of Indian Penal Code,1860 is a bailable offence.