INDIAN KANOON SECTION 357 IPC - Indian Penal Code - Assault or criminal force in attempt wrongfully to confine a person

Description

Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, 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.

Applicable Offences

Assault or use of criminal Force in attempt wrongfully to confine a person

Punishment - 1 Year or Fine or Both

This is a Bailable, Cognizable offence and triable by Any Magistrate

This offence is compoundable by The person assaulted or to whom the force was used, with the permission of the Court .

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.