360+ Lawyers are online 
IPC 409 is bailable offience Migistrste court can grant a bail
04-Feb-2023 (In Criminal Law)
IPC 409 is bailable
Magistrate court can grant a bail
Duration of bail in session court
In how many days after can get a bail
The offence is non bailable. You have been advised wrongly. If FIR is registered you can apply for anticipatory bail. Duration 7 to 20 Days. This offence specifically deals with the criminal breach of Trust by public servant or by banker merchant or agent. The trial court i.e magistrate will conduct trial for this offence but for the purpose of bail application, you need to approach Sessions court either for anticipatory bail or for regular bail.
Helpful?
31+
31+
Adv. Harshad Garud
Pune | 200+ Answers
CONTACT NOW
What is Section 409 of Criminal Procedure Act?
409. Sessions Judges can withdraw cases and appeals. (1) A Sessions judge may recall or withdraw from any Assistant Sessions Judge, Chief Judicial Magistrates or any other subordinate Sessions Judge any appeal or case he has handed over.
What is the case law on 409 IPC?
In this case the accused worked as a peon at a bank. He was given Rs 5,000 in cash to deposit as a due for the Telephone Bill at the Post Office. He didnt deposit it, and the Bank filed a FIR under Section 409 of the IPC against him. The Trial Court found him guilty under this section. 27-Sept-2023
Is IPC 409 bailable?
This section penalizes the criminal breach of trust committed by a public servant or by a banker, merchant, or agent. Is IPC section 409 bailable? No. This is a serious, non-bailable offense.
What are the ingredients of 409 IPC?
In order to prove a criminal breach of confidence under section 409 of the IPC, it is necessary to prove two elements: (i) that the accused was entrusted, as a public official, banker, or agent, with property for which he has a duty to account; and (ii), the accused had committed a criminal breach of faith. S. 405 of the IPC defines what constitutes criminal breach.
no IPC 409 is not bailable How ever the Magistrate can grant him bail but if he reject the bail so regular bail can be get form session court by filing the Application time limit can not Specify so that can be done ok good day
Helpful?
25+
25+
Adv. Imran Khan Pinjari
Nandurbar | 25+ Answers
CONTACT NOW
Only the 1st class Judicial Magistrates can grant bail if the case is satisfied. It is hard to get bail before 90 days, but bail can be granted if the IO fills out the charge sheet. The case u/s. 409 IPC cannot be bailable.
Helpful?
Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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.
Connect with top Criminal lawyers for your specific legal issue
Aniruddh K. Mishra Advocate High Court Jabalpur M.
Absolutely it's a criminal breach of trust, can only triable by session and for bail also
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
