Section 323 in The Indian Penal Code 323. Cognizable Bailable Magistrate of the first class. The Notification vividly says that Section 42 f iii of Cr. When considering the question of bail, the gravity of the offence involved and the heinousness of the crime which are likely to induce the petitioner to avoid the course of justice must weigh with the court. In the instant case the circumstances and the social milieu do not militate against the petitioner being granted bail on monetary suretyship at this stage.
The nature of the injuries, weapons used are merely clues that the judiciary uses to reach to a conclusion about the intention of the accused. Fifthly — Destruction or permanent impairing of the powers of any member or joint. Seventhly —Fracture or dislocation of a bone or tooth. Amendment of the First Schedule. There is not one blanket date for all amendments to kick in.
As far as the constitutional validity of this section is concerned, this section is not violating the Article 14 and 21 of the constitution and hence it is perfectly valid. It is also an offence to cause injury be means of fire or any heated substance, or with a or corrosive substance which is harmful to humans who inhale, swallow or inject it, like acid. According to this notification, section 324 of Indian Penal Code,1860 is not non-bailable offence. Amendment of the First Schedule. Section 319 in The Indian Penal Code 319.
Imprisonment for 2 years, or fine of 1,000 rupees, or both. However the element where the courts differ with each other is the matter of proving the intention. Imprisonment for 10 years and fine. Section 324 in The Indian Penal Code 324. Therefore, the newly recruited judicial officers should aware of the same.
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 description for a term which may extend to three years, or with fine, or with both. Any reference to any advocate on this website does not constitute a referral or endorsement, nor does it constitute an advertisement. In such case, each of such persons will be liable for the same punishment as if that criminal act is done by that person alone even if the act was not done by that person alone. Section 320 in The Indian Penal Code 320. But in a non-bailable offence, the police have no powers and only a magistrate can grant bail- usually with conditions imposed only only after being satisfied that the police or judicial custody is not required in the case. However very interestingly the nature of the injury is not always used to ascertain the intention, that is, a very serious injury need not be caused to prove attempt to murder, even if a simple injury is done with the intention, it will be enough to convict the person under section 307. Let me know if you want more details sir? Since the law gives a lot of importance on proving the intent of the accused, there have been some tests to determine the murderous intent of the accused.
I may also point out that what has been mentioned in the foregoing paragraphs is the maximum punishment that can be imposed under law for these offences. Imprisonment for life, or imprisonment for 10 years and fine. The intention and knowledge of the act being done is one of the major factors that is used to decide conviction under section 307 but it is not the only factor. How is this intention determined? However, in practice, generally, much less punishment is actually awarded. Depending on this, the nature of the case would be decided, i. What are the offences affecting the human body and punishment for the crime? And is the nature of injury important to convict a person under this section? They, however, added that settlement or compromise was not permissible in serious criminal acts.
Edited by Amoolya Khurana Indian Penal Code, ratanlal and dheerajlal. Voluntarily causing hurt by dangerous weapons or means. Section 326 in The Indian Penal Code 326. In a bailable offence, the police have powers to release the accused immediately itself after arrest without putting him or her in the police lock-up. Yet, many people ignores that this Amendment was followed by a Notification dated 21st June, 2006 in the Gazette of India.