LawRato

Arrested under charges if IPC 376(2)n, 506


09-Oct-2023 (In Criminal Law)
A woman went to court with her complaint and court, under section 156 (3), ordered police station to register and FIR and do necessary investigation. FIR was filed with charges under IPC 376(2)n, 506. After two months of investigation, police arrested the man before filing the chargesheet before the magistrate. Is it really necessary to arrest the accused? The woman claimed that the man had proposed her and then established physical relations with her on two occasions, both of them around 2 years ago from the current date. Later on the man stopped talking with her and hence she made the complaint in the same matter. What are the chances of the man of getting the bail? On the first hearing of bail application, the judge had asked the Investigating Officer to be present on next date with case diary. I wonder why? Perhaps because it was not necessary to arrest the accused or to confirm why he was arrested? Please do answer the questions I put forth. Thank you.
Answers (5)

Answer #1
244 votes

The offence of committing rape repeatedly on the same woman, under Section 376(2)(n) IPC is punishable with imprisonment for a term of not less than ten years, but which may extend to life imprisonment.

The grant of bail in a case under Section 376(2)(n) IPC is a matter of discretion for the court. However, given the seriousness of the offence, the chances of a man getting bail in such a case may be low. The court may consider several factors while deciding on the bail application, including the nature and gravity of the offence, the evidence against the accused, the likelihood of the accused tampering with evidence or influencing witnesses, and the possibility of the accused absconding if released on bail.

In some cases, the court may grant bail if it is satisfied that the accused is not likely to abscond or tamper with evidence, or if the prosecution case is weak. However, it is important to note that each case is decided on its merits, and there is no guarantee of bail in any particular case.


People also ask

What is the latest amendment in Section 376 IPC?

In 2018, the Criminal Law (Amendment) Act came into effect. Section 376 was amended to include the following: A woman who is under 12 years of age who rapes a man will now be punished by at least 20 years imprisonment with the option of a life sentence, a fine, or even death. 06-Jun-2022

What is misuse of Section 376 IPC?

According to a recent ruling by the Uttarakhand High Court [Manoj Kumar Arya V. State of Uttarakhand], women are using the law that punishes rape in Section 376 of Indian Penal Code as a weapon when they have a disagreement with their male partner. 20-Jul-2023

Is 376 3 IPC bailable or not?

The section 376 IPC offence is not bailable or cognisable. This means that the accused does not have a right to obtain bail. The court will decide whether to grant bail. 29-Oct-2022

  
Answer #2
734 votes
The police have right to arrest a person for investigation in Non-bailable offence of 376 Of Ipc. The court has to inform the police and public prosecutor and hear their side about whether bail should be granted or not. That is the procedure as per Cr.p.c.
Answer #3
715 votes
Once the bail application is filed the court calls for the say of the police station investigating the offence plus the case diary to ascertain the progress in the investigation. Once the say is filed, his advocate will argue first and then the prosecution. If rhe complainant has also appointed his advocate then...

Answer #4
911 votes
Arrest in Rape cases is discretionary power of police. as per supreme court guidelines they have to register an FIR and investigate matter. if someone has alleged against accused of rape charges that person comes under lense of investigation to ascertain the truth for filing charge sheet. the person can be arrested mostly for interrogation. in this case, though it was consensual sexual relationship but that was probably pretended as promised relationship on the pretext for marriage. If there are proofs of consensual sexual relationship then person may get bail from Court.
Answer #5
440 votes
If a woman is raped in a group by one or several people acting together, they are all considered to have committed gang-rape under this section.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."