How To Get Bail Under Section 324 Of IPC?

IPC Section 324, now replaced by Section 118(1) of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with voluntarily causing hurt using dangerous weapons or means such as knives, fire, heated objects, poison, or corrosive substances. Even when the injury is not grievous, the use of such harmful tools makes the act legally punishable. The law treats these offences seriously due to their potential to cause significant harm and public danger. This blog provides a complete guide for anyone facing charges under IPC 324 or BNS 118(1) or assisting someone in that position. It helps you understand the legal process for seeking bail and how courts assess such offences.

Here’s what this blog includes:

• Overview of IPC Section 324 and its updated version under BNS Section 118(1)
• Explanation of whether the offence is bailable or non-bailable
• Details of punishment and legal consequences under this section
• Clear answer to whether bail is possible and under what conditions
• Step-by-step process to get bail (anticipatory and regular bail)
• List of factors considered by the court before granting bail
• Key takeaways summarising the bail strategy and legal approach

By the end of this blog, you will have a clear understanding of your rights, bail procedures, and the factors that influence a court’s decision under this offence.

Is IPC 324 Bailable Or Non-Bailable?

Under the Indian Penal Code, Section 324 is a non-bailable offence. This means that bail is not a matter of right and depends on the discretion of the magistrate or court. However, it is triable by a magistrate and not cognizable, meaning the police cannot arrest without court approval.

In the updated BNS Section 118 (1), the non-bailable nature continues, especially when the injury is caused using deadly weapons or dangerous means.

Punishment And Legal Consequences Under Section 324 of IPC

The punishment under IPC 324/BNS 118 (1) is as follows:

• Imprisonment for up to 3 years, or
• Fine, or
• Both

Since the offence involves the use of dangerous means, the courts treat it seriously, and the accused may face difficulty securing bail unless mitigating factors are present.

Can You Get Bail In IPC 324?

Yes, you can apply for bail in IPC 324 cases, but since it is non-bailable, the granting of bail is subject to judicial discretion. Here’s how you can approach bail under IPC 324/BNS 118 (1):

Key Factors Courts Consider While Granting Bail:

• Nature of the injury caused (e.g., depth, body part, medical report)
• Intent and circumstances (Was it a sudden quarrel, and was there any provocation?)
• Use of dangerous weapons (knife, acid, fire, etc.)
• Prior criminal history of the accused
• Possibility of tampering with evidence or influencing the victim/witness

Example Case:

In Rajeev Kumar vs State of UP, the accused caused injury with a heated rod during a family dispute. The court granted bail, citing no prior criminal record and willingness to settle the matter amicably.

Step-By-Step Process To Get Bail In IPC 324

Getting bail under IPC Section 324 (BNS Section 118(1)) involves the following steps, depending on whether an arrest has been made or is anticipated:

If FIR is Registered, But No Arrest Yet (Anticipatory Bail)

1. Engage a Criminal Lawyer – File an anticipatory bail application under Section 438 CrPC (482 BNSS).
2. File Before Sessions Court or High Court - The application must detail the FIR, grounds for bail, and assurance of cooperation.
3. Hearing – The court may ask the police to submit a status report or notice the complainant.
4. Order – If granted, the court will issue conditions such as joining the investigation, not leaving the jurisdiction, etc.

If Arrest Has Been Made (Regular Bail)

1. Apply for a Bail Under Section 437 of CrPC (483 BNS) – Through the Magistrate Court (if the trial court has jurisdiction).
2. Present Grounds for Bail – Show that the accused is not a flight risk, has roots in the community, etc.
3. Bail Order Issued – The judge may impose conditions like surety, bond amount, or restraining contact with the victim.

Factors Considered By The Court Before Granting Bail

The court takes a holistic view of the case while deciding on bail under IPC Section 324. Key considerations include:

• Severity and nature of the injury sustained by the victim.
• Medical evidence and a doctor's certificate of harm.
• Weapon used – such as a knife, acid, hot substance, or explosive material.
• Intent and circumstances – whether it was a provoked act, a sudden quarrel, or a planned assault.
• Previous criminal history – presence of any ongoing or prior criminal cases.
• Threat to public safety – whether granting bail may endanger society or the complainant.
• Likelihood of absconding – whether the accused may flee jurisdiction if granted bail.
• Influencing the investigation – chances of the accused tampering with evidence or threatening witnesses.
• Victim’s stance – objections raised by the victim or their legal representative.
• Nature of the relationship between the accused and victim (e.g., domestic violence or personal enmity).

Courts seek to maintain a balance between individual liberty and societal interest, especially in offences involving bodily harm and use of weapons.

Key Takeaways

• IPC Section 324 (now BNS 118 (1)) is a non-bailable offence, but bail is not barred by law.
• Bail is possible at both pre-arrest (anticipatory) and post-arrest (regular) stages with judicial discretion.
• Weapon used, intent, and injury play a key role in bail decisions.
• A strong legal strategy, clean record, and cooperation with investigation significantly increase chances of bail.
• The victim’s opposition and prosecution’s arguments are important but not decisive—final decision lies with the court.
• Conditions imposed with bail ensure that the accused doesn’t misuse liberty and abides by the legal process.

Conclusion

Facing charges under IPC Section 324 or BNS Section 118(1) can be legally and emotionally challenging, especially since the offence is non-bailable and involves the use of dangerous means to cause harm. However, the law does provide an opportunity to seek bail through proper legal channels. Whether it is anticipatory bail before arrest or regular bail after arrest, the chances of success depend on multiple factors such as the nature of the injury, the weapon used, the intent behind the act, and the accused’s conduct.

With the right legal representation, a clean background, and cooperation with the investigation, courts may grant bail even in serious non-bailable offences like this. Understanding the bail process, knowing what the court considers, and preparing a strong application can significantly improve your chances of securing relief.

If you or someone you know is dealing with a case under IPC 324 or BNS 118(1), consult a qualified criminal lawyer immediately to take timely action and protect your rights.

FAQs

Below are answers to some of the most commonly asked questions related to bail under IPC Section 324 (now BNS Section 118(1)). These FAQS help clarify legal doubts and guide you through the bail process in practical situations.

Q1. Is IPC 324 compoundable?

No, IPC 324 is not compoundable as per Section 320 of the CrPC. This means the complainant cannot withdraw the case by compromise without the permission of the court.

Q2. Can I get bail from the police station?

No, since IPC 324 is a non-bailable offence, the police cannot grant bail. You must apply for bail through a court of law.

Q3. What is the bail amount for IPC 324?

The bail amount is discretionary and set by the court. It typically ranges from ₹10,000 to ₹50,000, depending on:

• Severity of offence
• Financial capacity of the accused
• Risk factors involved

The court may also require one or two sureties.

Q4. Can the victim oppose bail?

Yes, the victim has a right to oppose the bail application, especially during the hearing. Courts may consider the victim’s statement and objections before deciding on bail.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. For personalised legal guidance, please consult with a qualified Criminal Lawyer.