There is some confusion about section 324 IPC as to whether it is a bailable or non-bailable offence. Most of our police personnel are not sure about it. If we go to market and refer to any general law books section 324 IPC is given as non-bailable offence and hence an accused is denied bail at the police station and produced before magistrate. While going through some of law journals. I found this important judgement of Bombay High Court. It was regarding clause (f)(iii) of section 42 of the 2005 Act, wherein section 324 IPC was stated to be an non bailable offence.
In Chandra Kanjappa Kuchchukurwe vs State of Maharashtra (Cri Ant Bail App No. 1207 dt. 14/12/2012) Hon. judges of Bombay high court reiterated following points stating that section 324 IPC is a bailable offence.
1) The question that arises is whether the provisions of clause (f)(iii) of section 42 of the 2005 Act have been brought in force by appointing a date therefor.
2) It transpires that no notification giving effect to the said amendment i.e. making the offence punishable under section 324 of the IPC "non bailable" has been issued by the central government so far.
3) If no notification giving effect to the amendment in question i.e. amendment to the fifth column in the entry relating to section 324 of the IPC has been issued till today, (which aspect is undisputed) it means that the offence punishable under section 324 of the IPC, continues to be a bailable offence.
In Chandra Kanjappa Kuchchukurwe vs State of Maharashtra (Cri Ant Bail App No. 1207 dt. 14/12/2012) Hon. judges of Bombay high court reiterated following points stating that section 324 IPC is a bailable offence.
1) The question that arises is whether the provisions of clause (f)(iii) of section 42 of the 2005 Act have been brought in force by appointing a date therefor.
2) It transpires that no notification giving effect to the said amendment i.e. making the offence punishable under section 324 of the IPC "non bailable" has been issued by the central government so far.
3) If no notification giving effect to the amendment in question i.e. amendment to the fifth column in the entry relating to section 324 of the IPC has been issued till today, (which aspect is undisputed) it means that the offence punishable under section 324 of the IPC, continues to be a bailable offence.
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