• Can court raise another section of IPC which is not mentioned in FIR at the time of deciding bail pe

Criminal
Asked 4 years ago in Criminal Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

26 Answers

hello

the sections which have not been mentioned in the FIR cannot be invoked by the judge.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

If F.I.R. was registered on a private complaint – a Magistrate can add additional sections after filing charge sheet by police : If F.I.R. was registered directly by police through information, a Magistrate can not add additional sections after filing charge sheet .

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Yes you can and the court may include any more IPC section if it has sufficient ground.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Lower courts have “comprehensive” power to add or omit charges in a criminal case at any stage of the trial until the final verdict is delivered

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

1. Little more detail as regards the addition of section by the Court would have helped us in answering your query properly.

2. However, the Court can add sections of IPC after FIR is registered based on the complaint attached therewith.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Yes, the Court can add sections of IPC while hearing he bail petition as stated in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. You shall have ample scope to explain your non involvement in the matter during the trial of the case.

2. The trail has not yet started and it is still at the stage of availing bail. So, the question of challenging the mode of of content u/s 313 of Cr. P.C. does not arise at this stage.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

At the time of bail application the court can not add any section

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If the court has added section during hearing of the bail then you may challenge the same

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Do not file a petition to challenge the mode of content of 313

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

As mentioned by you these are not ground for rejection of the bail.

Prefer a petition to challenge the FIR if the ingredients of the FIR are not met with.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If case is filed against you under section 420 , 406 and no case is made out under said sections court would release you on bail

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

The principle behind recording of statement under section 313 is that the accused must be given an opportunity to explain the material against hIm

2) Section 313 provides for two stages when the statement of the accused can be recorded:

1) The court ‘may’ at any stage of the trial,

2) The court ‘shall’ after the witnesses of the prosecution have been examined.

3) if court does not record accused statement he can legitimately claim that no evidence, without affording him the opportunity to explain, can be used against him.

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

At time of deciding bail application court would not raise different section of IPC if not mentioned in FIR

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Firslty, as per the law of bail in our country, there has been a assumption that bail is the right not jail.

Secondly, when you are going for the bail in earlier sections based in the FIR then it hasne heard on that only.

Thirdly, if police feels to put another section then they may have to file the supplementary chargesheet.

Fourhtly, then thereafter your bail if allowed may be contest for cancellation.

Fifthly, once a person get the bail then his bail can’t be rejected until you violate the conditions in it.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Client,

Court may direct police to add certain section if that thinks so.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

Court can add charges or section during any matter if they thinks it is necessary for justice to take place.

You can file petition for quashing of FIR and those added charges in High court.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Can court raise another section of IPC which is not mentioned in FIR at the time of deciding bail petition?

Court is not the authority for including new sections in the FIR, especially at the time of hearing the bail application.

The police may do this mischief in order to oppose the bail application strongly

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Can court raise the different section of IPC which is not mentioned in FIR at the time of deciding bail petition?

No, the court will go by the FIR already registered and submitted before the court and the pleadings in the bail application

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Can I file a petition challenging the mode of content u/s 313 crpc if the accused was not allowed explanation

Section 313 in The Code Of Criminal Procedure, 1973

313. Power to examine the accused.

(1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court-

The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.

Therefore if questioned under the above section the accused may deny the charges leveled against him.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

No the trial has not begun yet because in criminal law trial begins only after cognizance is taken and case is committed.here my question is that if police has lodged FIR u/s 420,406 IPC and sufficient materials are not available to attract these sections,but if material u/s 379 is available,can court under any provision of crpc reject my bail saying that though 420,406 is not made out but section 379 is made out and bail is hence rejected

This is the decision of the court granting bail and not that the court has changed the section or altered it just to reject the bail application.

This decision may be challenged by preferring an appeal against this.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

At the time of framing of the charges the court has the authority to look beyond the chargesheet and frame charges even under those sections which are not mentioned in the chargesheet if it appears to the court that offence has prima facie been committed under a section which is not mentioned in FIR or Chargesheet.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. Even on the mere committal of the case by the court the trial does not begin. If the case is a sessions trial then cognizance cannot be taken by the committal court. Prior to the framing of charge the case is only at the stage of inquiry. The moment the chargesheet is filed by the IO the court applies its judicial mind to it and thereby takes cognizance, but after taking cognizance if it appears to the court that an offence is made out under a section which is not incorporated in the FIR or Chargesheet then it can frame a charge under it within scope of Section 228, 240 or 246 IPC.

2. A fresh bail application will then have to be filed by the accused, which is to be decided on merits.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

The Fir is the relevant document in case the chargesheet hasn't been filed. Now the court will go through the contents of the fir and decide accordingly. The court cannot itself slap sections and go into the investigation and reject bail on these grounds.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Court cam add furthwr sections at the time framing of charge i.e once the charge sheet is file and not at the time of bail application

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

normally during the bail applications court never does it. but it can direct the police to add a section if the said section is applicable and not filed by police.But this is generally not done during bail application.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer