Sec 376 - help needed

it states that

"Non- compoundable cases , if compromised, can be quashed under inherent powers =It is manifest that simply because an offence is not compoundable under Section 320 IPC is by itself no reason for the High Court to refuse exercise of its power under Section 482 Cr.P.C. That power can in our opinion be exercised in cases where there is no chance of recording a conviction against the accused and the entire exercise of a trial is destined to be an exercise in futility. There is a subtle distinction between compounding of offences by the parties before the trial Court or in appeal on one hand and the exercise of power by the High Court to quash the prosecution under Section 482 Cr.P.C. on the other. While a Court trying an accused or hearing an appeal 14"

Rape and 498a and rape are two different things. What if the woman wanted to withdraw under DURESS? What if she changed her mind? What if she told the Magistrate that she was threatened and humiliated unnecessarily in the court and the proceedings were not In Camera? There are many what's and why's . Not that easy.

Shonee Sir,

It's not a joke.  Offence u/s 376 if a bailable one.  If u don't believe, go through the first schedule in Cr.P.C.

Could you send me also the same link please.... Cause i always thought that 376 is non-bailable,,,, till date think so....

Sridhar, Could you provide us with some link so that we can amend our mistake......

Sehdev Sir,

I cannot provide u any link.  But, it is fact.  What i stated is not said on my own. It is only after going though a book in my hand i.e. latest edition i.e. 12th edition (2011) published by Asia Law House with Title "The code of criminal procedure" , i was able to get it.

then you should report it here: https://www.asialawhouse.com/

They have a misprint....

Sir,

When the discussion is going on ,on the same topic just guide me if the complainant has filed a false private complaint and later it was converted into state case (u/s156 (3) of Cr.P.C.)in JMFC and the matter reached for the evidence after six years then what are the rights of the accused ? Should he wait for the trial to be completed and get acquitted wasting  his valuable years facing trauma and humiliation ? What are the remedies for him ? Since it is now converted into state case , the complainants are not coming for the dates watching the the dates and merely watching and taking pleasure. Please guide me. My knowledge is poor in this aspect. I am told by seniors that there is no alternative than to face trial. 

Advocate Sandeep Naik

 rape   offence  cannot be bailable 

 rape   offence  cannot be bailable