Clarification on sections 304 and 323 IPC


Police is arrested in ipc 304 &323 Is this bailable.

Answers (3)


181 votes

Section 304 IPC is non bailable offence. The bail can granted to session court as thish offence is session trial. Magistrate have no power to grant bail. you are advice to file bail application before Magistrate Court first then session court.


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247 votes

304 ipc is non bailable 323 is but collectively no bail share fir copy for further clarification the contents of the fir will let me come to a conclusion whether bail will be available or not however if you just want to know whether offence is non bailable then yes

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339 votes

Section 304 IPC culpable homicide not amounting to murder is not bailable while section 323 is bailable. But one section if not bailable it means you have to get bail from sessions court. First you have to move bail before magistrate and after its rejection by the magistrate you may file for bail in sessions court. There is a way of obtaining order from the high court in a petition for filing bail before magistrate and sessions court same day and in this case you may be bailed out same day.

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