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Female filed a complaint under sec 354 FIR still not registered
24-Oct-2023 (In Criminal Law)
Hi One of my female neighbour has filled a complaint against my brother and father. But the FIR is not registered yet. So I need your help how we can solve this problem. If police will file the FIR the what is the process after FiR. Shall we apply for anticipatory bail or not.
You should approach the Court for anticipatory bail prior to the registration of the F.I.R. in the given set of facts and circumstances as it will save you from unnecessary harassment. If there is a possibility of settlement and you don't want to go through that in that case you can compromise with her and if she still persists than there is a problem for you . It is advisable that you go for anticipatory bail without second thought.
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Adv. Suneel Kumar
Delhi | 200+ Answers
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Is bail possible in 354?
IPC 354 is not a bailable offence. This means that an accused person cannot be released from jail without permission from the court. This offence is punishable by imprisonment of a maximum of two years, or a maximum of seven years. A fine can also be imposed. 12-Oct-2023
Is Section 354 of the IPC compoundable?
In the beginning, Section 354 of IPC was compoundable. After the 2009 amendments to the code, the offence is no longer compoundable. 07-Jan-2023
Is 356 IPC compoundable or not?
Classification: This section is bailable, cognizable and non-compoundable.
Since you have not given contents of the complaint, it can not be said whether the f.I.r will be lodged under section 354, 354A, 354B,354C or 354D. Sections 354, 354B, 354C part II and 354D part II are non bailable. If the f.I.r is lodged under any of these sections you have to file anticipatory bail otherwise not. After f.I.r police investigate the offence and files chargedheet before the court and thereafter trial commences and accused faces trial.
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Adv. Lalan Chaudhary
Delhi | 25+ Answers
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Complaint is filed mentioning the allegations not of indian penal code sections, section are added after the registration of FIR as per the allegations mentioned in the complaint. So even if FIR is registered under csection 354. U can take bail.
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Adv. Kamal Singh
Delhi | 25+ Answers
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