Is case under IPC 420 120B 471 bailable or not

758 votes

Hello,
There are four Sections of IPC in the FIR. Now, each Section has its own punishment. For these Sections ,i.e., 120B/420/468/471 are bailable or non bailable, it will depend upon the nature and gravity of the case and punishment is altogether 7 years to 10 years and liable to fine and it will be the discretion of a Judge. It is a case which is investigation by CBI. So it is depended on the investigation agency and CBI that what will they file or present before the Ld. Court. But it is sure that upon pereuse the case diary the Ld. Judge will not grant bail in this case.
Thank you.

Advocate Sougata Chatterjee LawRato

898 votes

All are non-bailalble sections and needs to obtain anticipatory bail either from district judge or high court.

Advocate Md. Malik Uddin LawRato

575 votes

120B-- Criminal conspiracy to commit an offence punishable with death, imprisonment for life or regorious imprisonment for a term of 2 years or upwards-- According as the offence which is the object of conspiracy is Bailable or non-bailable.
420-- Cheating and thereby dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security -- imprisonment for 7 years and fine-- Non-bailable.
468--Forgery for the purpose of cheating-- imprisonment for 7 years and fine -- non-bailable.
471--Using as genuine a forged document which is known to be forged. -- Punishment for forgery of such document -- Bailable.

Advocate Sanjoy Acharjee LawRato

884 votes

Sections 420 and 468 are non-bailable but one can get bail under 120B and 471. Section 420 talks about Cheating and thereby dishonestly inducing delivery and 468 talks about forgery with similar punishment of maximum 7 years with fine. These offences are of serious in nature and the accused are subject to the discretionary powers of the magistrate granting bail.

Advocate Debayan Sen LawRato

500 votes

Under the Indian Penal Code (IPC), the classification of whether a case is bailable or non-bailable depends on the specific offenses charged. Here's an explanation of the offenses mentioned in the provided link:

1. IPC Section 420: This section deals with the offense of cheating. It states that whoever cheats and thereby dishonestly induces the person deceived to deliver any property or valuable security shall be punished with imprisonment of either description for a term that may extend to seven years, and shall also be liable to a fine.
2. IPC Section 120B: This section deals with criminal conspiracy. It states that whoever is a party to a criminal conspiracy to commit an offense punishable with death, imprisonment for life, or rigorous imprisonment for a term of two years or upwards shall be punished with imprisonment of either description for a term that may extend to six months, or with a fine, or with both.
3. IPC Section 471: This section deals with using as genuine a forged document. It states that whoever fraudulently or dishonestly uses a forged document as genuine shall be punished with imprisonment of either description for a term that may extend to two years, or with a fine, or with both.

Now, regarding the question of whether these offenses are bailable or non-bailable:

• IPC Section 420 (Cheating): This offense is generally considered non-bailable. However, the bail decision may vary based on the specific circumstances of the case and the discretion of the court.
• IPC Section 120B (Criminal Conspiracy): This offense is generally considered bailable. In many cases, bail can be granted to the accused.
• IPC Section 471 (Using Forged Document): This offense is generally considered bailable, and bail can often be granted.

It's important to note that bail is not an absolute right, and whether it is granted or not can depend on factors like the strength of the evidence, the seriousness of the offense, the accused's criminal history, and other relevant considerations. Bail may be granted by the police or the court, depending on the stage of the legal process.
Accused individuals should consult with their legal counsel to determine the specific bail provisions and procedures applicable to their case.

Advocate Chikirsha Mohanty LawRato

263 votes

The Indian Penal Code has a section 420 that deals with cheating and deceitfully inducing the delivery of property. This section can result in a maximum penalty of seven years imprisonment and a fine.

Advocate Chikirsha Mohanty LawRato