is ipc 324 a bailable or non bailable offence

is ipc 324,323, 504 and 506 is bailable or non bailable

Answers (1)

327 votes

Y.SRINIVASA RAO, M.A(English).,B.Ed.,LL.M.; Judicial Magistrate of I Class; Topper in LL.M
View articles | Contact author

Whether Section 324 Of Ipc Is Bailable Or Non-Bailable

I deem that it is very interesting to discuss as to section 324 of Indian Penal Code,1860 is now bailable offence or non-balibale offence. If you go through Section 42 sub-section (f)(iii) of Code of Criminal Procedure (Amendment) Act, 2005 (No. 25 of 2005) which says section 324 of Indian Penal Code,1860 is non-bailable offence. Yet, many people ignores that this Amendment was followed by a Notification dated 21st June, 2006 in the Gazette of India. According to this notification, section 324 of Indian Penal Code,1860 is not non-bailable offence. Because of ignorance of this notification, in some of places, the persons ,who arrested for the offence under section 324 of IPC, could not get bail immediately, despite it is still bailable offence.

- At this juncture, I deem that it is appropriate to refer, to remember the importance of granting bail, the land mark ruling delivered by the Hon'ble Justice Krishnaiyer, V.R. In '' STATE OF RAJASTHAN, JAIPUR Vs BALCHAND @ BALIAY'',1977 AIR 2447, 1978 SCR (1) 535; HELD : The basic rule is bail, not jail, except-where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like by the petitioner who seeks enlargement on bail from the court. When considering the question of bail, the gravity of the offence involved and the heinousness of the crime which are likely to induce the petitioner to avoid the course of justice must weigh with the court. In the instant case the circumstances and the social milieu do not militate against the petitioner being granted bail on monetary suretyship at this stage. At the same time any possibility of the abscondence or evasion or other abuse can be taken care of by a direction that the petitioner will report himself before the police station once every fortnight. He was on bail throughout the trial but was released after the judgment of the High Court, there is nothing to suggest that he has abused the trust placed in him by the court. He is not it desperate character or an unsocial element who is likely to betray the confidence that the court may place on him to turn up to take justice at the hands of the court.

Act 5 of 2009:
From 31st December, 2009 onwards, Section 324 of IPC is no compaundable. Yet, it is still bailable offence as per the Notification dated 21st June, 2006 inasmuch as Section 42(f)(iii) of CrPC Amendment Act, 2005 was excluded.

What Section 42 sub-section (f)(iii) of Code of Criminal Procedure (Amendment) Act, 2005 (No. 25 of 2005) says :
It says as infra:
42. Amendment of the First Schedule.-In the First Schedule to the principal Act, under the heading “I.-OFFENCES UNDER THE INDIAN PENAL CODE”,-
(f) in the 5th column, in the entries relating to-
(iii) section 324, for the word “Ditto”, the word “Non-bailable” shall be substituted;

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Criminal Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience

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 and has been responded by one of the Criminal Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles