IPC 279 338 and 308
2 months ago
Sir my husband accidentally hit a old lady who had her shop near the parking area.. while taking the car from parking.. police filed 279,338 and 308...he admitted the old lady in hospital and taken care of her hospital bills...but police remanded my husband under 308.. kindly help me on the issue and pls help
A.Dear Client,
Section 308 of the Indian Penal Code (IPC) addresses the serious offense of "attempt to commit culpable homicide" and is categorized as a non-bailable offense. The provision for default bail, also known as compulsive bail or statutory bail, is applicable if the investigating agency fails to file a chargesheet within 60 days from the first remand. In such cases, the accused is entitled to default bail. However, if the chargesheet is filed within the stipulated time, the option for regular bail arises, subject to the court's discretion.
Section 482 of the Code of Criminal Procedure (Cr. P.C.) grants the High Court inherent power to interfere with proceedings of subordinate courts and quash an FIR filed under Section 308 IPC in the interest of justice. This relief can be sought when there is no other legal provision available for the aggrieved party or when no other remedy is left. In the given scenario, a petition under Section 482 of Cr. P.C. can be filed before the High Court, requesting the quashing of proceedings initiated by the trial court under Section 308 IPC against the accused.
Section 308 of the Indian Penal Code (IPC) addresses the serious offense of "attempt to commit culpable homicide" and is categorized as a non-bailable offense. The provision for default bail, also known as compulsive bail or statutory bail, is applicable if the investigating agency fails to file a chargesheet within 60 days from the first remand. In such cases, the accused is entitled to default bail. However, if the chargesheet is filed within the stipulated time, the option for regular bail arises, subject to the court's discretion.
Section 482 of the Code of Criminal Procedure (Cr. P.C.) grants the High Court inherent power to interfere with proceedings of subordinate courts and quash an FIR filed under Section 308 IPC in the interest of justice. This relief can be sought when there is no other legal provision available for the aggrieved party or when no other remedy is left. In the given scenario, a petition under Section 482 of Cr. P.C. can be filed before the High Court, requesting the quashing of proceedings initiated by the trial court under Section 308 IPC against the accused.
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A.Dear Client,
Section 308 IPC deals with the serious offense of "attempt to commit culpable homicide" and is considered a non-bailable offense. The time for taking default bail/compulsive bail/statutory bail is only 60 days. If the investigating agency fails to file a chargesheet within 60 days from the date of the first remand, then the accused is entitled to get default bail. If the investigating agency files a chargesheet within the said stipulated time, then only regular bail may be sought which depends on the discretion of the court, unlike default bail. Section 482 Cr. P.C. provides inherent power to the High Court to interfere with proceedings of the subordinate court and quash an FIR lodged under Sec.308 IPC to secure the end of justice. The relief under this section can be invoked when there exists no other provision of law by which the party aggrieved could have sought relief, or there may be no other provision left for the party to seek relief. So, in the given situation, a petition under Sec.482 of Cr. PC may be filed before the High Court praying for the quashing of proceedings of the trial court initiated under Sec.308 IPC against the accused. Reach out to an Advocate experienced in criminal cases for guidance and steps.
Section 308 IPC deals with the serious offense of "attempt to commit culpable homicide" and is considered a non-bailable offense. The time for taking default bail/compulsive bail/statutory bail is only 60 days. If the investigating agency fails to file a chargesheet within 60 days from the date of the first remand, then the accused is entitled to get default bail. If the investigating agency files a chargesheet within the said stipulated time, then only regular bail may be sought which depends on the discretion of the court, unlike default bail. Section 482 Cr. P.C. provides inherent power to the High Court to interfere with proceedings of the subordinate court and quash an FIR lodged under Sec.308 IPC to secure the end of justice. The relief under this section can be invoked when there exists no other provision of law by which the party aggrieved could have sought relief, or there may be no other provision left for the party to seek relief. So, in the given situation, a petition under Sec.482 of Cr. PC may be filed before the High Court praying for the quashing of proceedings of the trial court initiated under Sec.308 IPC against the accused. Reach out to an Advocate experienced in criminal cases for guidance and steps.
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A.As your husband has admitted old lady in hospital and taken care of your hospital bills and etc., but now you will have to close down this case because unnecessary this is one of the criminal cases which are pending in the court due to the FIR done by the police in such case more details are required in order to help you out with closing of this case
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