Guidelines

Is Section 188 bailable or not?

Is Section 188 bailable or not?

The classification of offence u/s. 188 of IPC is cognizable and bailable, making it mandatory on the police officer to record the FIR.

What is the punishment of 188 IPC?

and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

What is Section 188 of the Code of Criminal Procedure?

188. Disobedience to order duly promulgated by public servant. Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot.

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Can FIR be lodged under Section 188 IPC?

As the classification of offence under Section 188 of Indian Penal Code is Cognizable and bailable, it is mandatory on Police to file FIR and investigate the case accordingly.

Is IPC 269 bailable?

Is IPC 269 bailable or non-bailable offence? IPC 269 is a Bailable offence.

Can FIR be registered under 188 IPC?

When offence punishable under Section 188 is committed and police received information regarding such offence, then police will register FIR, investigate into the matter and prepare final report (Charge-sheet) in usual manner.

Who is the recording the first information report?

First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report.

What IPC 271?

According to section 271 of Indian penal code, Whoever knowingly disobeys any rule made and promulgated by the Government for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, for regulating the intercourse between …

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Which amount of punishment is given to the offender of cheating under Section 420 of IPC?

7 year
Section 420 in the Indian Penal Code deals with Cheating and dishonestly inducing delivery of property. The maximum punishment which can be awarded under this section is imprisonment for a term of 7 year and fine.

Can I get bail in 420 case?

An offense committed under section 420 is a non-bailable offense and bail under this section is at the volition of the Court. A person charged under section 420 of the Indian Penal Code, 1860 can either apply for a pre-arrest bail i.e. anticipatory bail or post-arrest bail i.e. regular bail.

Can an FIR under Section 188 IPC be investigated by the police?

Therefore, in our view, an FIR under section 188 IPC can be registered and investigated by the police. The prosecution will be rendered void ab intio if there is no complaint under Section 195 CrPC, and the same cannot be cured subsequently. The authors are practising advocates and Partners at MS Law Chambers.

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What are the ingredients of Section 188 IPC?

The ingredients of Section 188 IPC are: (1) existence of an order promulgated by a public servant. (2) public servant must be lawfully empowered to promulgate such order. (3) the accused must have knowledge of the order promulgated by the public servant.

What are sections 269 and 270 of the Indian Penal Code?

What are Sections 269 and 270 of the IPC? Sections 269 (negligent act likely to spread infection of disease dangerous to life) and 270 (malignant act likely to spread infection of disease dangerous to life) come under Chapter XIV of the Indian Penal Code– ‘Of Offences Affecting The Public Health, Safety, Convenience, Decency and Morals’.

What is section 270 of the IPC?

In Section 270, the word ‘malignantly’ indicates indicates a deliberate intention on the part of the accused. During the coronavirus outbreak, penal provisions, such as Sections 188, 269 and 270 of the IPC, are being invoked to enforce the lockdown orders in various states.