Sage-Tips

Is IPC 211 bailable?

Is IPC 211 bailable or non-bailable offence? IPC 211 is a Bailable offence.

Is 304a criminal case?

Section 304A, Penal Code, runs as follows: “Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extent to two years, or with fine, or with both.”

What is the punishment for Section 211?

—Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with …

What is bailable offence?

Bailable offence means an offence which is shown as bailable in the First Schedule or which is made bailable by any other Law for the time being in force. Bailable offences are grave and serious offences, For example- offence of murder. Under bailable offences, bail is claimed as a matter of right.

What is an offence under Section 211?

Section 211 deals with two distinct offences: (i) Actually instituting or causing to be instituted a false Criminal Proceeding against a person; (ii) Preferring a false charge against a person for having committed an offence. To constitute an offence under Section 211 the ingredients are

What is section 211 of the Indian Penal Code?

Section 211 of IPC comes into the picture in such a case. This section deals with the offence of instituting false criminal proceedings against innocent people with the intention to injure and with the knowledge that there is no legal provision to initiate such criminal proceedings.

Can an officer be prosecuted under Section 211 of IPC?

The Madras High Court has held that an officer who conducted investigation or filed a final report pursuant to filing of a criminal complaint cannot be prosecuted under Section 211 of IPC for making false accusations, in case of acquittal of the accused.

Can a defacto complainant make a false charge under Section 211?

The Court further made it clear that the language used under Section 211 regarding false charge can only relate to the defacto complainant who set the criminal law in motion, and not the investigating officer.