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Procedure to take bail in false 376 case
02-Apr-2023 (In Criminal Law)
My brother has affairs with a girl Now she has filed an FIR 376 on him.Now he is in Jail. How he will b bail out.
A bail application has to be filed. There are some judgements wherein bail has been granted in some rape cases where the girl was having affair with the accused. Such judgements are required to be quoted before the court. The facts w.r.t the affair are also required to be highlighted before the court. I have dealt similar cases.
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Adv. Nonu Khera
Jammu | 25+ Answers
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Can 376 be quashed?
In general, under section 376, FIRs can be quashed by the complainant with their consent. The FIR or affidavit must show that the relationship was consensual. 26-Apr-2023
What is false IPC 376?
The Supreme Court, while acquitting an accused man for rape under Section 376 of Indian Penal Code, stated that a false accusation can cause the same distress, humiliation and damage. 30-Oct-2023
Is anticipatory bail allowed in 376?
The Court can grant anticipatory bail in certain circumstances. 19-Jun-2023
How do I get bail in false 376?
In a session court, the accused can apply for bail under section 438 or 439 of Criminal Procedure Code. IPC section 376 does not allow bail. The accused can reapply for bail if circumstances have changed or the charge sheet is filed.
Though the offense is non-bailable even then you have the right to file a bail application before The Honable Session Court and follow the further court proceedings. This is the only way to get the bail.
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Adv. Nitesh Jandial
Jammu | 25+ Answers
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