What is punishment in case under Sections 324 325 and 506 r/w 34 IPC?

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  • #4919

    Anonymous
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    What is the punishment that can be imposed in an case 324 325 & 506 r/w 34 of the Indian Penal Code?

  • #4920

    The maximum punishment for an offence under Section 324 IPC (Voluntarily causing hurt by dangerous weapons or means) is imprisonment for 3 years, or fine, or both.

    The maximum punishment for an offence under Section 325 IPC (Voluntarily causing grievous hurt) is imprisonment for 7 years, and fine.

    The maximum punishment for an offence under Section 506 IPC (Criminal intimidation) is generally imprisonment for 2 years, or fine, or both. However, if the offence under Section 506 IPC has been registered where the threat is to cause death or grievous hurt, etc., then the maximum punishment is imprisonment for 7 years, or fine, or both.

    Section 34 of IPC provides for punishment to persons who commit a criminal act together in furtherance of common intention of all. In such case, each of such persons will be liable for the same punishment as if that criminal act is done by that person alone (even if the act was not done by that person alone). This section is as under:

    34. Acts done by several persons in furtherance of common intention.—When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.”

    Therefore, the maximum punishment for an offence under Section 34 IPC would depend upon the main offence along with which this section has been applied. For example, if two persons are charged under Section 34 IPC for having committed an offence under Section 325 IPC [i.e., Section 325 r/w 34 IPC], then both of them would be liable to the punishment prescribed under Section 325 IPC.

    I may also point out that what has been mentioned in the foregoing paragraphs is the maximum punishment that can be imposed under law for these offences. However, in practice, generally, much less punishment is actually awarded. The actual punishment awarded depends on the peculiar facts and circumstances of each case and various aggravating and mitigating circumstances present in the case.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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