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Legal punishment for wrongful restraint of a person
10-Jan-2023 (In Criminal Law)
My fiance and his friend went to church. On the way some rich people who were drunk made problm with them and seeing this my fiance's bro who had knife wounded one person.That person was admitted in hospital and he is fine. Since they are rich, total complaint went towards my fiance side where his brother is first accused secnd is my fiance and third is his friend. They got bail but i need to know the punishment. My fiance did not do anything but still he got into the problm because of his bro who came in middle. They mentioned in the bail for my fiance that the only allegation against secnd and third acused were wrongful restrained the petitioner and beat with hands amd did not use any weapons. This complaint filed under sections 294b, 324, 323, 308 r/w 34 of IPC. Please let me know the punishment for my fiance and since he did not do anything is it possible to get removed him from this case.
Section 294(b) in The Indian Penal Code
(b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.]
Section 324 in The Indian Penal Code
324. Voluntarily causing hurt by dangerous weapons or means.—Whoever, except in the case provided for by section 334, volunÂtarily causes hurt by means of any instrument for shooting, stabÂbing 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 inÂhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either deÂscription for a term which may extend to three years, or with fine, or with both.
Central Government Act
Section 323 in The Indian Penal Code
323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Section 308 in The Indian Penal Code
308. Attempt to commit culpable homicide.—Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Illustration A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. A has comÂmitted the offence defined in this section.
37 [34. Acts done by several persons in furtherance of common intention.—When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.]
The Offences are trailable by a Judicial Magistrate and maximum imprisonment is 3 years only even when the offence is absolutely proved by the Prosecution.
(b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.]
Section 324 in The Indian Penal Code
324. Voluntarily causing hurt by dangerous weapons or means.—Whoever, except in the case provided for by section 334, volunÂtarily causes hurt by means of any instrument for shooting, stabÂbing 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 inÂhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either deÂscription for a term which may extend to three years, or with fine, or with both.
Central Government Act
Section 323 in The Indian Penal Code
323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Section 308 in The Indian Penal Code
308. Attempt to commit culpable homicide.—Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Illustration A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. A has comÂmitted the offence defined in this section.
37 [34. Acts done by several persons in furtherance of common intention.—When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.]
The Offences are trailable by a Judicial Magistrate and maximum imprisonment is 3 years only even when the offence is absolutely proved by the Prosecution.
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Adv. Saravana Kumar
Coimbatore | 100+ Answers
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You better challenge the FIR in the concerned high court on merits. The high court after going through the petition, if there are merits and legal points the court may initially grant stay of the FIR lodged against your fiance and finally after hearing both the parties namely the prosecution and your fiance subject to merits may even quash FIR. Similar opportunities available to you if the charge sheet is filed before the sessions court. in the worst case your fiance need to face the trial to get himself acquitted.
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