Section 376 ipc bail. 2019 registered under Sections 34 and 376 IPC at Police.
Section 376 ipc bail 2019, registered at Police Station Aman Vihar for offences under Section 376 IPC, on the ground that the petitioners and the respondent No. But this does not mean that if FIR under Section 376 IPC is registered against a person then he cannot apply for Bail or he cannot be granted bail by the Court. 10,000/-, in default toundergo one year rigorous imprisonment and accused 2 and 3 were convicted under Section 376 r/w. 39/2013 registered with PS Rani Bagh. 017 of 2021, under Sections 323, 376(2)(n) (added lately), 504, 506 IPC, register, 506 IPC; after lodging the FIR, Section 376 (2)(n) IPC has been added against the accused-AbhishekKarnwal, who is in judicial custody; there is no FIR against the Ans: No, Section 376 IPC is not bailable, it means you cannot seek bail as a right under this section. The trial court has adopted the punishment prescribed as minimum for offences under Sections 376D and 376(2)(l) IPC. IPC Section 376 Punishment . R. Section 376 offence is non-bailable, meaning bail is not a right for the accused. Apparently, anticipatory bail was not granted to the applicant for offence registered under Section 376 read withapplication has been filed pleading willful disobedience of the order dated 26. Learned counsel states that offences are under Sections 376, 420 IPC but the The petitioner has filed this second petition under Section 439 of Cr. M. 302 of 2017 in which he was granted an interim protection vide order The completed bail application form should contain personal details of the accused, case specifics, grounds for bail, proposed bail conditions, and supporting arguments. Citation : 2022 LiveLaw (SC) 599. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U. The Division Bench of Bharati Dangre and Manjusha Deshpande, JJ. These provisions aimed to address specific categories of rape offenses and impose stricter punishments to deter potential perpetrators. State Of U. 438 CrPC Doesn't Bar Grant Of Anticipatory Bail To Accused Booked U/S 376(3) IPC: Allahabad HC. 90 - "Consent" - Section 90 though does not define "consent", but describes what is not "consent" Home Criminal IPC S. Grant of further time to the learned A. 02. 2501/ apply to cases involving arrest under Sections 376(3), 376AB, 376DA or 376DB respectively of the IPC. Punishments under Section 376 IPC. The Section stipulates punishment for rape (Sec 376 IPC) in the form of imprisonment of any sort for at least 7 years, but which may be extended to 10 years or life imprisonment (imprisonment until the individual dies of natural causes in prison), and the BAIL IN THE EVENT OF HIS ARREST IN CR. Aquí nos gustaría mostrarte una descripción, pero el sitio web que estás mirando no lo permite. The First Anticipatory Bail Application was filed by the applicant for Anticipatory Bail under Section 354 IPC. . THE STATE OF RAJASTHAN & ANR. 15 May 2024 11:21 AM IST. I. 109 IPC and sentencing them to undergo rigorous UP Amendment To S. The bail application was seriously opposed by the learned Public prosecutor. S Union of India - Subsection Section 376(2)(n) in The Indian Penal Code, 1860 (n) commits rape repeatedly on the same woman, commits rape repeatedly on the same woman, This is an application for grant of anticipatory bail under Section 438 CrPC in case crime No. IPC and Sections 66(E) and 67(A) of the Information Technology (Amendment) Act, 2008 and was thereby arrested. b) Lavesh Vs. per the prosecuterix, Ms. 22 Feb 2022 10:21 AM IST Every day we get to hear the latest news of section 376 of IPC, that it is quite often that rape is still being committed after such stringent laws, but it is also very much known that many use it as a weapon to make the accused guilt for revenge purpose and all. C. Andhra Pradesh High Court JUSTICE RAVI CHEEMALAPATI First Information Report (FIR) #Section 376(2)(n) of IPC Bail. 241 of 2023, under Sections 376, 417, 506 IPC, Police Station Lanka, District Varanasi. S. , IPC Chapter XVI; S. Merely, the police invoke Sections 417 and 376 of IPC for investigation, and the bail already granted to the accused is not extinguished. 2017 (P-3) whereby petitioner was granted rthe above F. In the result, the impugned judgment of the trial court holding the appellants guilty and convicting them for offences under section 376 D, section 376(2)(l), sections 366 and 323 read with section 34 IPC is upheld. Offenses under Section 375, which are punishable under Section 376 IPC, are Aquí nos gustaría mostrarte una descripción, pero el sitio web que estás mirando no lo permite. C along with 511 of 376 IPC coupled with Section 57 of the IPC, it is clear that an accused who is charged for the offence under Section 511 of 376 IPC Bail Provisions under Section 376 IPC Bailable and Non-Bailable Offense. The Metropolitan Magistrate held that the said application should be taken into consideration only after chief examination of the complainant. 09. The suspension of sentence and release on bail was considered by the Court in the facts and circumstances of the case, which have been enumerated as under:- Section 363, 376, 506 of IPC and Section 5/6 of POCSO Act, and cognizance order dated 04. The sentence awarded was 7 years under Section 376 IPC and 3 years under Section 506 IPC apart from fine. 217 dated 14. Amendment) is not required. As per State , Bail Application no. POLICE STATION: MATIHANI, BEGUSARAI. Allegations against the Accused Persons iv. The Punishment under IPC Section 376 varies based on the specific circumstances of The very first provision that deals with the punishment provided for the offence of rape is Section 376 of the IPC. ACCUSED UNDER CUSTODY SINCE 20TH MARCH, 2020. 2501/2024 Section 376 IPC. Section 376(1) provides that any person who commits the offence of rape is liable to be punished with a period of Whether anticipatory bail plea maintainable if the accused is charged under both the SC ST Act and charge under Section 376 IPC, the Magistrate passed the order. Section 376 of IPC prescribes the punishment for the offence of rape. 2019 registered under Sections 34 and 376 IPC at Police Load More. Section 375 of the IPC defines the offence of rape, and enumerates six descriptions of the offence. No. Analysis. C and Section 5/6 of POCSO 302 of 2017 dated 15. In this case, if that is true, the petitioner has a right As per new Indian Criminal law, IPC Section 376D has been replaced with BNS Section 70 with effect from July 1, 2024. The respondent No. , opined that from the complaint itself, it was evident Five new provisions were added to Section 376 IPC, namely Sections 376A, 376B, 376C, 376D, and 376DA. 03 of 2023,under Sections 363, 376(3) IPC and Section ¾ of POCSO Act, 2012, P. 376 A Punishment for causing death or resulting in persistent vegetative state of victim: Description; Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death 1 of the woman or causes the woman to be in a persistent vegetative state, charge sheet was filed against the applicant under Sections 376, 504, 506 IPC but charges were framed against applicant under Sections 376-D, 504, 506 IPC and when he applied for anticipatory released on regular bail for the offences under Sections 376, 504, 506 IPC and subsequently charges were framed under Sections 376-D IPC along with After hearing the submissions, the Court considered the questions, "whether a petition for anticipatory bail is maintainable under Section 438 of Cr. If a person has an apprehension or reason to believe that he can be arrested for any non-bailable office, UNDER SECTION: 302/326/420 OF IPC. the petitioner seeks; grant of anticipatory bail. 376 AB Punishment for rape on woman under twelve years of age: Description; Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that भारतीय दंड संहिता की आईपीसी धारा 376 "बलात्कार" के अपराध से संबंधित है। बलात्कार एक गंभीर आपराधिक अपराध है जिसमें 2. Now 60 days over. Delhi High Court: A petition was filed under Section 482 of Criminal Procedure Code (‘CrPC’) (now under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023) seeking quashing of FIR registered for the offence punishable under Section 376 of Penal Code, 1860 (‘IPC’) and the consequential proceedings emanating therefrom. Saket Court, Delhi: A bail application was filed by the accused who stood charged under Sections 376, 377, 506, and 34 of the Penal Code, 1860 (IPC) wherein the applicant had met the complainant through a dating app Bumble. criminal intimidation under section 503 of IPC ii. Sparsh Upadhyay . , 1973 for offences under Sections 376(3 Learned counsel for the petitioner has referred to CRM-M- 12028-2017, decided on 20. 2023 has been released on bail in the present matter under Section 376 IPC and 3/4 POCSO Act but subsequently Court concerned took that Section 376 IPC and 3/4 POCSO Act has been added during investigation. X. Court: Allahabad High Court. 511 IPC and he was sentenced to undergo seven years rigorous imprisonment and imposing fine of Rs. held that “the benefit of anticipatory bail cannot be denied when a charge even of serious offence like under section 376 IPC is added after a long period of time and inaction of the prosecutrix is also a contributory factor to such delay. 729 of 2021 ( Harshvardhan Yadav vs State of UP), arising out of Case Crime No. The bench noted that on 27 January 2021, an FIR was registered in District Ranchi inter-alia for offences punishable under section 376 of the IPC and section 6 of the POCSO Act. Court : High Court of New Delhi Brief : The following judgement deals the disposal of the present bail application filed under Section 439 Cr. Viewed thus, in a bail application relating to an alleged offence under Section 376, IPC, consent' of the prosecutrix (provided the prosecutrix is not aunder Section 376, IPC is the accused having sexual intercourse with a woman against her will and without her consent. c Chargesheet was filed on December 10, 2021, and charges were framed against the accused under section 376 of IPC. If a victim files an appeal under Section 372 CrPC, the victim is not required to reveal his or her identity, and the appeal will be handled according to the law. , hence, this anticipatory bail application is being heard. Bail can only be granted by the judge if deemed appropriate for the case. 2007 was registered in INTRODUCTION Section 376 of IPC provides punishment for committing the offence of Rape. 04. The The offence under Section 376 is non-bailable in nature, i. Order granting Anticipatory Bail iii. Learned counsel for the petitioners submits that the basic ingredients of Sections 354/354A/354C/498A and Section 3 / 4 of Dowry Prohibition Act and Section 323 IPC are not made out against any of the accused. 2023 has been released on bail in the present matter under Section 376 IPC and 3/4 POCSO Act but subsequently Court concerned took cognizthe entire facts of the case including the statement of the victim, this Court on 23. It is vehemently submitted that in the present case prosecutrix was aged less than 18 years i. 4 and 5 from all offences by way of reasoned order, Section 376 IPC and section 6 of Protection of Children from Sexual Offences Act 12. Indian Penal Code 1860 - Section 376(2)(n) - Offence of committing repeated rape on same woman - IPC 376A in Simple Words. , TUMAKURU, FOR AN OFFENCES P/U/S 376, 312, 323, 417, 504, 506 R/W SECTION 34 OF IPC, ON THE FILE OF I& 506 r/w 34 of IPC, is before this Court under Section 482 of BNSS 2023, seeking anticipatory bail. The maximum punishment that can be imposed against the petitioner under Sections 511 of 376 IPC is ten years, and under Section 511 of 306 IPC is only five years. and taking the appellant into custody. 2024 under Sections 363 and 366 I. Therefore, the petitioner is entitled statutory bail under Section 167(2)(a)(ii) of Cr. As per sub- section(1) of Section 376 IPC, the punishment prescribed for offence of rape is not less than seven years which may extend to imprisonment for life and fine. Rupali Thakur it is alleged that she had an affair Bombay High Court: In the present case, petitioner faced charges for offences punishable under Sections 376(2)(n) 1, 504 2, and 506 3 of the Penal Code, 1860 (‘IPC’), pursuant to the filing of FIR by the complainant-Respondent 2. If we talk about bail, it is divided into two parts. 2017 under Sections 376, 420, 504 and 506 of the IPC stating, inter alia, as follows:- (i) The complainant was married in 1994 by performing Christian then moved the Session Court seeking anticipatory bail in CR No. 73. In this article, You will get to know how to get bail when 498A FIR is registered against you. Recognizability and Bail. Section 376 IPC provides for different punishments depending on the severity of the offence and the specific circumstances. of Section 376 IPC. 1. The key provisions include: By means of present writ petition, petitioners seek to quash the impugned FIR/Case Crime No. , granted bail to the accused, considering various factors, including the completion of the investigation and the accused’s The applicant seeks anticipatory bail in Complaint Case No. The Court observed that neither Section 376 of the Indian Penal Code, 1860, (IPC), nor Section 6 of the Protection of Children from Sexual Offences Act, 2012, (POCSO) create any restriction on grant of bail. What are the key considerations for granting bail in these cases? Supreme Court grants bail after petitioner had spent 9 months in custody in a matter involving inter-faith couple, live-in relationship and Section 376 of IPC Supreme Court also considered the fact that the inter-faith couple Section 376 IPC includes both bailable and non-bailable sexual offenses, depending on the gravity of the offense. He was discharged for the offence under section 377. 2145 of 2009, held as under:- “There is an old Jewish saying “if you are close when you should be distant, you will be distant when you should be Section 376 IPC defines rape as the act of a man engaging in sexual intercourse with a woman without her consent or against her will. Applicant has been summoned for facing trial for the offence under Sections 376-D, 452 I. R but at that time Section 376 IPC was not there in the F. Rape leaves a permanent scar on the life of the victim and it becomes horrendous for the victim of rape to lead a dignified and well respected life in the society. Rupali Thakur it is alleged that she had an affair Nature of IPC Section 376: Impossible on bail: – Offenses under Section 376 are by their nature impracticable on bail. Section 376 IPC delineates the offence of rape and prescribes stringent penalties to combat sexual violence. p. 7412 of 2018 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 06/09/2018 in connection with Mahaveer v. 07. Q2. 2 gave a complaint stating as under: FIRs for offences under Sections 376, 376-A, 376-AB, 376-B, 376-C, 376-D, 376-DA, 376-DB, or 376-E of the IPC, as well as violations under POCSO, are not to be made public. Case Title: ANSAAR MOHAMMAD v. for grant of regular bail in case FIR No. This application has been moved on behalf of the applicant - Surendra Nath Upadhyay seeking anticipatory bail in Case Crime No. Provide character references in the form of letters or affidavits from individuals who can vouch for the accused's character, reputation, and community standing. 243 of 2021 under Sections 376, 313, 504, 506 IPC registered at police station no case is made out under Section 376 IPC: a) State of Madhya Pradesh Vs. Consideration of Polygraph Test Report at the Stage of Framing of Charge v. S State of Gujarat (AIR 2015 SC 3090), the Apex Court held that the provision of pre-arrest bail enshrined in Section 438 of Cr. 2 have entered into a compromise. Explain what is bail and draft a bail application in the District Magistrate’s Court in Siliguri for the bail of Rajesh Naiyar. Judges will grant bail only if they deem it appropriate. In March 2023, the first informant lodged the First Information Report (FIR) under Section 376 of the Indian Penal Code, 1860 (IPC). 3. P. This article critically examines the grounds for bail in cases under Section 376 IPC, analyzing judicial Can bail be granted in IPC Section 376 cases? Yes, bail can be granted, but it depends on various factors like the seriousness of the offense and the strength of the evidence. India - Himachal Pradesh. Case under 376 d gang rape filed wants to apply for bail. 2024 passed by learned FTC/Additional District Judge/Special Judge POCSO, Rudrapur, District Udham Singhconsequence thereof, the entire proceedings, charge- sheet for the offence Under Section 363, 376, 506 of IPC and Section 5/6 of POCSO Act, and Bail in Rape Case under section 376 IPC. 2. Ram Chand VS State Of Himachal Pradesh - 19 Jun 18. 2023 released the applicant on bail under Section 376 IPC and 3/4 POCSO Act The offence under section 376 Indian Panel Code is a non-bailable and cognisable offence, which means that the accused can't avail bail as a matter of right. This criminal appeal has been filed by appellant Harshvardhan Yadav against the impugned order dated 25. Login to Read Headnote. 656/2020 registered U/s 376/506 IPC at Police station Ranhola, Delhi From the perusal of the record, it appears that applicant on 23. read with Section 482 Cr. Nakur, District Saharanpur in whicand the chargesheet has been filed, however, at the stage of framing of charges Section 376 (D) IPC and Section 6 of the POCSO Act has been added in which his bail application Anticipatory bail was granted to the applicant on 26. 343/2019, dated 22. 2013 for committal of proceedings to the Sessions Court. It lays down various circumstances Is Section 376 IPC bailable or non-bailable? The offence under section 376 Indian Panel Code is a non-bailable and cognisable offence, which means that the accused can't avail bail as a matter of right. It is a settled legal position that the court which grants the bail also has the power to cancel it. Bail - Criminal Procedure Code - Sections 376, 342, 506 IPC - [Section 439] - [376, 342, 506 IPC] - The court granted bail to Final Decision: The court granted bail to the petitioner, subject to specific conditions, and clarified that any misuse of Fact of the Case: The bail See IPC Sections; Ask a Free Question Indian Kanoon Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376D and is subsequently convicted of an offence punishable under any of the said sections shall be punished Bail Triable; Repeat offenders: Imprisonment for 1. G. 2427/2020, the Karnataka High Court granted bail to an accused alleged to have committed offences under Sections 376, 420, 506 IPC and Section 66-B of theM. 511 r/w. From the perusal of the record, it appears that applicant on 23. is conceptualised under Article 21 of the Constitution which. 136 of 2020, under Section 376 IPC and Section 3(2) 5 of SC/ST Act, P. e. C has been filed for quashing FIR No. And Another Un Reportable. Whereas, in which it is very hard to get bail. As. Court’s Observations In the above-noted case, the conviction was under Sections 376 and 506 IPC. 1 herein may already be in . Even if the complaint is false, I presume the accused to be guilty until he proves his innocence in the court. 2024 passed by the Sessions Judge, Kushinagar at Padrauna in Anticipatory Bail State of Karnataka Crl. on behalf of the petitioner for grant of regular bail in case FIR No. IPC Chapter XVI; S. We use cookies for analytics, advertising and to improve our site. 2021 of learned Special Judge, SC/ST Act, Kanpur Nagar, passed in Bail Application No. State (NCT of Delhi); (2012) 8 SCC 730. Pradeep Sharma; (2014) 2 SCC 171. , the Madhya Pradesh High Court granted temporary bail to the accused for a crime under sections 376(2)(n), 506 IPC read with Sections 3(1)(W-II), 3(2)(V 72. ” Other important case laws: The sole question for consideration is whether the learned Metropolitan Magistrate was competent to grant bail in a case u/s 376 IPC which entails minimum sentence of 7 years which may extend to imprisonment for life and if so, whether while passing the order for release on bail, provisions of Section 437 Cr. 12. The bail to the accused would be granted at the court's discretion. along with Sections 57 and 511 of the 376 IPC it is evident that a person who is accused of an offence under Section 501 of the 376 IPC is only eligible for imprisonment for ten years. Delhi High Court has quashed an FIR registered under Sections 376 (rape), 363 (kidnapping), and 6 of the POCSO Act Inter-faith couple, live-in relationship and Section 376 of IPC: Supreme Court grants bail after 9 months’ jail. Next Story. , bail is not a matter of right for the accused, which is the case in bailable offences. on 25. During the) (d) IPC has been added. Case Briefs High Courts. The first part is related to a case under sections 498A and 406 of IPC. “Rape is a crime against one’s mind, psyche and reputation. provision of anticipatory bail enshrined in Section 438 of the Code. By this application filed under Section 438 Cr. P. 2023 has been released on bail in the present matter under Section 376 IPC and 3/4 POCSO Act but subsequently Court concerned tookcognizance under Section 5(tha)/6 POCSO Act and at the time of cognizance, Section 5(tha)/6 POCSO Act has been replaced with Section 3/4 POCSO Supreme Court: In an appeal challenging the decision of Rajasthan High Court dated 25-04-2023 rejecting bail application of the petitioner for offences under Sections 366, 376, 384, 323, 328, 120-B of Penal Code, 1860 7. But for those who get falsely accused of the rape case and get stuck in jail for a longer period of time, for that they need bail “Whether an application for anticipatory bail under Section 438 “IPC”) and thereby took the view that although respondent no. Ipc 376 D मे समझौता हो सकता ही क़्या 3 Is IPC Section 376 Bailable? IPC Section 376 is a non-bailable offence. 15 years and 11 months at the time of committing the offence and therefore, the learned trial Court has rightly held the accused guilty for the offence under Sections 363, 366 and 376 of the IPC and Sections 3(a) and 4 of the POCSO Act. It is contended that initially the applicant applied for bail under Sections 363, 366 and 376 IPC and section 3/4 of POCSO Act P. 480 dated 8. Criminal Appeal No. C were complied with or not. The petitioner herein is accused of committing the offence under Sections; 376/506/328 IPC in FIR No. Sunil Gupta, J. And the second part is when the wife also files cases against father in law or brother-in-law under sections 376 IPC and 354 of IPC (rape or trying to Merely because the charge under Section 376 IPC, which is a serious charge, The anticipatory bail granted by the court should ordinarily be continued till the trial of the case. relates to personal liberty The complainant lodged an FIR under Sections 376(1), 313, 294 and 506 of the Penal Code, 1860 i. 2018 C. NO. By means of present writ petition, petitioners seek to quash the impugned FIR/Case Crime No. A as per Section 438 (3) Cr. Let the applicant Kamlesh Kumar @ Lidu involved in Case Crime No. 375 – IPC S. Chandra Dhari Singh, J. C calls for liberal interpretation in the light of Article 21 of the Charge under Section 498A/34 IPC r/w Section 3/4 Dowry Prohibition Act and under Section 323/34 IPC has been framed against all the petitioners. 017 of 2021, under Sections 323, 376(2)(n) (added lately), 504, 506 IPC, registerargued by learned counsel for the petitioners that initially the FIR was lodged under Section 323, 504, 506 IPC; after lodging the FIR, Section 376 (2)(n) IPC has been Punishment for Rape (Section 376 IPC) Rape is punishable by death under Section 376 IPC or the Indian Penal Code, 1860. 08. Therefore, it is not necessary for the police to once again arrest the same petitioner for the same crime number for Get Latest News, Breaking News about Section 376 IPC. 'Love Affair' Irrelevant Ground For Bail When Victim Is A Minor Girl : Supreme Court In POCSO Case. Merely because the charge under Section 376 IPC, which is a serious charge, is now added, the benefit of anticipatory bail cannot befor addition of charge under Section 376 IPC as well. The Court granted him anticipatory bail on an application under Section 438 of the Criminal Procedure Code, 1973 (CrPC). all accused persons under Sections 376/34 of IPC and respondent no. Union of India - Subsection Section 376(2) in The Indian Penal Code, 1860 (2) Whoever,— being a police officer, commits rape— (i) within the limits of the police station to which such police officer is appointed; or (ii) in the premises of any station house; or (iii) on a woman in such police officer's custody or in the custody of a police officer subordinate to such police officer; or The offence under Section 376 IPC is made out from the contents of the FIR and if the police omitted togrant of regular bail for the offences under Sections 420, 506, 376 and 120-B of the Indian Penal Code in respect of which FIR No. 376, 420 r/w 34 – Breach of promise to marry – If the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape By this application filed under Section 438 Cr. The instant petition has been filed under Section 439 Criminal Procedure Code seeking bail. Adarsh Singha, aged 40 years, a resident of Champasari, Siliguri has been arrested by the police and is in jail for 8 months on the following charges i. (U. The petitioner then again filed CRM-M-16342-2018 for grant of anticipatory bail under Section 376 IPC in the above "On a reading of Section 167(2)(a)(ii) Cr. 3. However, bail is completely at the discretion of the honorable court. IPC 376 in Hindi - धारा 376 क्या है, ये धारा कब लगती है? IPC Section 376 के मामले में सजा और बचाव का क्या प्रावधान है बलात्कार रेप के केस में जमानत कैसे मिलती STATE OF GUJRAT & ORS. Amendments to section 376 IPC 2013- Inserting of Section 376 A, 376 B, 376 C, 376 D, 376 E Anticipatory Bail Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Section 354 and Section 376 (2) (d) ofwas registered under Section 354 IPC. It is very unfortunate that there is a high increase in the rape instances and ravenous maniacs are not even sparing a period of one week and first accused was convicted under Section 376 r/w. 733 of 2015, under Sections 363, 366, 376-D IPC andinnocent, he has been falsely implicated in the present case. Section 376 IPC includes both bailable and non-bailable sexual offenses, depending on the gravity of the offense. Due to the severe nature of the offence, which involves significant harm and violation of personal integrity, the accused must appear before a court to seek bail. According to section 376A of the Indian Penal Code, if a person commits an offence punishable under section 376(1) or section 376(2) and causes the death of the woman or leaves her in a persistent vegetative state, they can be punished with imprisonment for a term of at least twenty years, up to life imprisonment, or Assailing the said order instant petition was filed seeking regular bail on the ground of the conduct of the victim. Load More . 01. 67/2024 OF WOMEN P. 6. This petition under Section 482 Cr. The judge shall only grant bail to the accused if he deems it fit for the case. 9. IPC S. Next argued that initially FIR was lodged under section 363, 366 IPC but during investigation section 376-D IPC and section 5/6 POCSO The anticipatory bail is granted under Section 438 of the Code of Criminal Procedure.