What is the punishment for 306?
Section 306. of the Indian Penal Code defines ‘Abetment of suicide’ as an offence punishable under this code. If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
How long is anticipatory bail valid in India?
The Constitutional Bench of the apex court unanimously held that “there can be no time limit for the anticipatory Bail and the protection granted to a person under Section 438 Cr. PC should not consistently be limited to a fixed time; it should be in favor of the accused without any restraint on time.”
Can a High Court quash a 306?
11. Counsel for the applicants argues that even if assuming all the allegations to be gospel truth, no offence under Section 306 IPC can be said to be made out and as such, the chargesheet is liable to be quashed.
Is 306 IPC compoundable or not?
Today, when the matter is taken up for consideration, the learned Government Advocate (Crl. Side) vehemently opposed the petition saying that by taking into account the seriousness of the offences and in view of Section 306 IPC, the offences are not compoundable.
Can anticipatory bail Cancelled?
Anticipatory Bail Granted Ignoring Material Aspects, Nature & Gravity Of Offence Liable To Be Cancelled: Supreme Court. The Supreme Court has observed that anticipatory bail granted ignoring material aspects including the nature and gravity of the offence is liable to be cancelled.
What happens if anticipatory bail is rejected?
If an application is rejected by the Court of Sessions, a fresh application cannot be made to the High Court. Where application for Anticipatory Bail has been rejected by the High Court, thereafter a subsequent application for Anticipatory Bail cannot be entertained by the Court of Sessions.
What is the ingredients of 306 IPC?
“The essential ingredients of the offence under Section 306 IPC are: (i) the abetment; (ii) the intention of the accused to aid or instigate or abet the deceased to commit suicide. The act of the accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment of suicide.
Under which section of anticipatory bail is Cancelled?
An application was filed under Section 439(2) of Criminal Procedure Code, 1973 read with Section 482 CrPC for cancellation of the anticipatory bail granted to respondents 2 to 5 passed by the Patiala House Court for the offence under Sections 354, 354A, 354B, 406, 498A, 506, 509, 34 of the Penal Code, 1860.
How to stop anticipatory bail?
Yes you can file an objection by virtue of an affidavit filed before the hon’ble high court under section 302 of crpc by engaging an advocate. But after the chargesheet is filed it is the discretion of the concerned court at last can grant bail to the accused.
Can court rejects anticipatory bail?
A few circumstances under which Anticipatory Bail may be refused are: The possibility of the Applicant to abscond in the event cognizance is taken by the trial court or warrant of arrest has been issued by the trial court. If the prima facie case with which the Applicant has been charged can be made out.