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Section 324 IPC: Bailable or Non-Bailable? Key Facts
If you've been charged under Section 324 of the Indian Penal Code (IPC) for voluntarily causing hurt by dangerous weapons or means, one of your first questions is likely: Is Section 324 bailable or non-bailable? This is a common query in criminal cases involving assaults with knives, sticks, or other implements. The answer isn't always straightforward due to amendments, court interpretations, and practical confusion among police and lower courts.
In this post, we'll break down the legal position based on statutes, Supreme Court rulings, and case law. Note: This is general information, not legal advice. Consult a lawyer for your specific case, as outcomes depend on facts and jurisdiction.
What Does Section 324 IPC Cover?
Section 324 IPC punishes voluntarily causing hurt using instruments like:
- Dangerous weapons (e.g., knives, razors, choppers)
- Fire or heated substances (e.g., hot iron)
- Other means likely to cause death
Punishment: Up to 3 years imprisonment, or fine, or both. It's a cognizable (police can arrest without warrant) but bailable offence in its core form. However, when combined with graver charges like Section 307 (attempt to murder), it becomes non-bailable. MATHEW JOSEPH @ KUNJUMON Versus STATE OF KERALA - 2024 Supreme(Online)(KER) 26449
Legal Status: Bailable or Non-Bailable?
The 2005 Amendment Confusion
The Criminal Law (Amendment) Act, 2005 aimed to make Section 324 non-bailable. Section 42(f)(iii) of the Act deleted bailable from the First Schedule of CrPC opposite Section 324, replacing it with non-bailable. But here's the catch:
Section 42(f)(iii) of Amendment Act did not come into force - Offence under Section 324 remains bailable G. Murugan VS State rep. by the Inspector of Police, Ponneri Taluk - 2011 Supreme(Mad) 1923
A notification dated 21.06.2006 clarified that this change never took effect. Multiple High Courts, including Bombay and Gauhati, have ruled:
Offence punishable u/s 324, IPC continues to be a ‘bailable’ offence Janmejaya Sahu VS State of Orissa - 2014 Supreme(Ori) 782
Section 324 of Indian Penal Code is still continuing to be bailable offence Pimak Mangkia Gollo W/o Shri Raj Gollo VS State of Arunachal Pradesh - 2022 Supreme(Gau) 1244
Result: Section 324 IPC remains bailable as per the First Schedule of CrPC. Police must release on bail if the accused applies under Section 436 CrPC. Anticipatory bail (Section 438) isn't needed since it's bailable. Chandra Kanjappa Kuchchikurwe VS State of Maharashtra - 2012 Supreme(Bom) 2319
Supreme Court and High Court Clarifications
Supreme Court in Akashdeep Morya: Observed Section 324 as non-bailable but not a binding precedent—only the ratio decidendi matters, and the amendment wasn't notified. Pimak Mangkia Gollo W/o Shri Raj Gollo VS State of Arunachal Pradesh - 2022 Supreme(Gau) 1244
Gauhati High Court (multiple cases): Reiterated it's bailable despite amendment, as no government notification activated the change. Police confusion persists, leading to wrongful arrests. Jathak Josaham vs THE STATE OF AP Bosheh Munham vs THE STATE OF AP
Bombay High Court: All the offences allegedly committed by the applicant are bailable - An application for anticipatory bail is not maintainable. Janmejaya Sahu VS State of Orissa - 2014 Supreme(Ori) 782
Practical Implications for Accused
| Scenario | Bailable Status | Bail Process |
|----------|----------------|--------------|
| Pure Section 324 | Bailable | Apply under Sec 436 CrPC; police/magistrate must grant. Pallapati Malyadri, (A1), S/o China Malakondaiah VS State of Andhra Pradesh - 2022 Supreme(AP) 1447 |
| With Sec 307/308 | Non-Bailable | Regular/anticipatory bail needed. |
| First-time offender, minor injury | Often released on personal bond. Ramkaran And Anr. vs The State Of M.P. - 2024 Supreme(Online)(MP) 18903 |
Key Case Example: Petitioners granted bail under Sec 436 for Sec 324. Police later added Sec 307 and sought cancellation. Court held: Magistrate cannot cancel bailable bail just because sections changed—only High Court/Sessions Court can under Sec 439(2). Pallapati Malyadri, (A1), S/o China Malakondaiah VS State of Andhra Pradesh - 2022 Supreme(AP) 1447 Bhairu VS State Of Rajasthan - 2022 Supreme(Raj) 2582
Once the Magistrate releases an accused on bail under Section 436 CrPC, the Magistrate is not empowered to cancel bail on the ground that police altered the Section of law to a non-bailable offence. Pallapati Malyadri, (A1), S/o China Malakondaiah VS State of Andhra Pradesh - 2022 Supreme(AP) 1447
Conviction and Sentencing Under Section 324
Courts uphold convictions based on:
- Eyewitness testimony (victim + occurrence witnesses)
- Medical evidence proving dangerous weapon use
- Nature of injuries (grievous hurt qualifies)
Sentencing Trends (leniency common):
- Reduced to fine + till rising of court for first offenders, old cases. Ramkaran And Anr. vs The State Of M.P. - 2024 Supreme(Online)(MP) 18903 MATHEW JOSEPH @ KUNJUMON Versus STATE OF KERALA - 2024 Supreme(Online)(KER) 26449
- Imprisonment till rising of court + Rs. 20,000 fine considering age/time elapsed. MATHEW JOSEPH @ KUNJUMON Versus STATE OF KERALA - 2024 Supreme(Online)(KER) 26449
- Acquittal if weapon not 'dangerous' (e.g., stone without proof). SUDEEP K.V Vs STATE OF KERALA - 2009 Supreme(Online)(KER) 3124
The quantum of punishment for an offence under Section 324 of the IPC is within the discretion of the court and should be proportionate to the gravity of the offence. Ramkaran And Anr. vs The State Of M.P. - 2024 Supreme(Online)(MP) 18903
In juvenile cases or family disputes, sentences reduced to minimal terms + fines for compensation. XXXXXX vs STATE OF KERALA - 2024 Supreme(Online)(KER) 9197
When Police Treat It as Non-Bailable
Despite law, police often act as if it's non-bailable:
- Register FIR and arrest without warrant.
- Demand bail from court instead of granting on spot.
Remedy:
1. Insist on bail as of right under Sec 436.
2. File for quashing FIR if no cognizable offence (e.g., no deadly weapon). Neetu Bhandari vs Deputy Commissioner of Police
3. Approach Magistrate/High Court if bail denied erroneously. Courts direct: Petitioner is directed to appear before learned Court below and to apply for regular bail. Pimak Mangkia Gollo W/o Shri Raj Gollo VS State of Arunachal Pradesh - 2022 Supreme(Gau) 1244
Related Offences and Comparisons
- Sec 323 IPC: Simple hurt—non-cognizable, bailable.
- Sec 325 IPC: Grievous hurt—non-bailable (amendment effective).
- Sec 326 IPC: Grievous hurt by dangerous weapon—non-bailable, harsher.
In riots/assaults with multiple sections (143, 147, 148, 149), conviction under 324 upheld if evidence strong, but sentence modified. VIJAYAN vs STATE OF KERALA - 2009 Supreme(Online)(KER) 26234
Key Takeaways
- Section 324 IPC is bailable—amendment not notified.
- Police/magistrates often err; insist on Sec 436 rights.
- Anticipatory bail unnecessary for standalone 324.
- Courts favor leniency in sentencing for minor/old cases.
- Seek proof of 'dangerous weapon' to challenge conviction.
Disclaimer: Legal positions evolve; this reflects current precedents as of available judgments. Always consult a qualified lawyer for case-specific advice. Variations by state or facts may apply.
Sources: Analysis based on Supreme Court/High Court judgments including Chandra Kanjappa Kuchchikurwe VS State of Maharashtra - 2012 Supreme(Bom) 2319, G. Murugan VS State rep. by the Inspector of Police, Ponneri Taluk - 2011 Supreme(Mad) 1923, Janmejaya Sahu VS State of Orissa - 2014 Supreme(Ori) 782, Pallapati Malyadri, (A1), S/o China Malakondaiah VS State of Andhra Pradesh - 2022 Supreme(AP) 1447, Ramkaran And Anr. vs The State Of M.P. - 2024 Supreme(Online)(MP) 18903, and others.
Search Results for "Section 324 IPC: Bailable or Non Bailable? Key Facts"
1991 0 Supreme(SC) 713 • India - Supreme Court
B. P. JEEVAN REDDY, G. N. RAY, K. N. SINGH, N. M. KASLIWAL, P. B. SAWANT
creative decisions of this court fast on tile heels of Maneka Gandhi gave a new meaning to the Article and expanded its content ... Procedure, 1973, See 309 & 482 - Speady trial-right to speedy trial is embedded in the statutory law of this country - sub-sections ... align="justify">(2) AER 585, 88 Lawyers Ed, 2nd 640, AIR 1986 Pat 324 ... On 7-10-1991, bailable warrants were issued to the petitioner-accused and on 11-10-1991, he wa....
1994 0 Supreme(SC) 1 • India - Supreme Court
S.C.AGRAWAL, R.M.SAHAI, M.M.PUNCHHI, K.RAMASWAMY, S.R.PANDIAN
Section 9 of the Code of Criminal Procedure Act, 1976 by which Legislative Assembly of Uttar Pradesh has deleted Section 438 of ... to Section 19 convictions are for offences other Sections 3 and 4 of Act 28 of 1987 the accused may be entitled to file an appeal ... Traffic of Narcotics Drugs and Psychotropic Substances Act, 1988 - Indian Penal Code,1860 - Sections 121, 121-A, 122....
2006 2 Supreme 627 • India - Supreme Court
B.N.AGARWAL, A.K.MATHUR, DALVEER BHANDARI
agony and torture may well constitute cruelty within the meaning of Section 10 of the Act. ... grant of divorce. ... the grant of divorce. ... On 22.1.01 the respondent gave affidavit before the High Court and got non-bailable warrants issued against the appellant. ... On 22.1.2001 the respondent gave an affidavit before the High Court and got non-bailable warra....
2016 5 Supreme 726 • India - Supreme Court
– It has to be seen whether despite the information, incumbent is fit for employment and whether the suppression/omission if fit ... and pendency of a case would serve as a bar for appointment and in such cases of suppression whether different yardsticks can be ... of offence, background facts, grounds of conviction or acquittal and its impact on service/performance of incumbent has to be assessed ... of#....
2013 2 Supreme 80 • India - Supreme Court
Pursuant to this complaint, the police registered a case under Section 498-A of the IPC ... Section 9 for restitution of conjugal rights before Family Court-The appellant-husband filed a counter-claim seeking dissolution ... on the ground of cruelty and desertion. ... offence punishable under Section 498-A of the IPC. ... She, therefore, filed complaint for the offence punishable....
2024 Supreme(Online)(MP) 18903 • India - High Court of Madhya Pradesh
till the rising of the court under Section 324 of the IPC. ... CRIMINAL APPEAL - SECTION 374 OF THE CR.P.C. - CONVICTION UNDER SECTION 324 OF THE IPC - QUANTUM OF PUNISHMENTFact of the ... It also noted that Section 324 ....
2024 Supreme(Online)(KER) 26449 • India - High Court of Kerala
P. G. Ajithkumar, J
Issues: Whether the conviction of the appellant under Section 324 of the IPC is justified based on the evidence on record. ... IPC - Assault - Section 324 - The court upheld the conviction of the appellant under Section 324#HL_E....
2009 Supreme(Online)(KER) 26234 • India - High Court of Kerala
THOMAS P.JOSEPH, J
Issues: Was the conviction under Section 324 of the IPC sustainable given the evidence presented? ... Criminal - Unlawful Assembly - Indian Penal Code Section List - Sections 143, 147, 148, 307, 324, 149; Probation of Offenders ... based on the credibility of the victim. ... 149 of #HL_START....
2009 Supreme(Online)(KER) 3124 • India - High Court of Kerala
THOMAS P.JOSEPH, J
Issues: Whether the acquittal under Section 324 of the Code was appropriate given the evidence and whether the sentence under ... Revision - Assault - Indian Penal Code - Sections 323, 324, 506(ii) - The court upheld the conviction under Section 323 while ... The trial court found him guilty of#HL_E....
2024 Supreme(Online)(KER) 9197 • India - High Court of Kerala
A. BADHARUDEEN, J
, established the offences under Section 23 of the Juvenile Justice Act and Section 324 of the IPC. ... Criminal Revision - Juvenile Justice Act - Section 23, Indian Penal Code - Section 324 - Conviction and Sentence Challenged - ... of the victim and the medical evidence, established the of....
2022 0 Supreme(Gau) 1244 • India - Gauhati
ROBIN PHUKAN
324 of Indian Penal Code is still continuing to be bailable offence - However, petitioner is directed to appear before learned Court ... Finding of the Court: Hon’ble Supreme Court has observed in case of Akashdeep Morya (supra) offence under Section ... 324 of Indian Penal Code as non-bailable, yet same cannot be read as a precedent - A decision is only an authority for what it actually ... It is to be noted here that vide order dated 23.06.2022, this Court has directed the learned counsel for the applicant as well as the learned Additio....
2022 0 Supreme(AP) 1447 • India - Andhra Pradesh
K. SREENIVASA REDDY
The police later altered the Section of law to Section 324, 307 read with 34 IPC and filed a petition to cancel the bail. ... Bail - Criminal Procedure - Section 436, Section 437 (5) CrPC - Section 324, 307, 34 IPCFact of the Case:The petitioners were granted bail under Section 436 CrPC for an offence under Section 324 ... Section 437 CrPC deals with ‘When bail may be taken in case of non-bailable offence’. ... It is axiomatic that ....
2022 0 Supreme(Raj) 2582 • India - Rajasthan
NARENDRA SINGH DHADDHA
Since all the offences were bailable, therefore, the Investigating Officer took bail bonds of the petitioners in pur- suance of provisions contained in Section 436 CrPC. Subsequent thereto, the Investigating Officer added the offences under Section 324, 308 IPC. ... The cancellation has been sought only on the ground of adding a non-bailable offence. Neither the medical condition went aggravated nor any fresh evidence was taken on record. Simply on the basis of adding non#HL_....
2012 0 Supreme(Bom) 2319 • India - Bombay
ABHAY M.THIPSAY
This court had an occasion to examine whether the offence punishable under Section 324 of the IPC is “bailable” or “non-bailable” even earlier. ... 5. ... But still an application for anticipatory bail was made as the police and sometimes the subordinate courts also, treat the offence punishable under Section 324 of the IPC, as “non-bailable”. ... By Section 42 of the said Act, the First Schedule....
2011 0 Supreme(Mad) 1923 • India - Madras
T.SUDANTHIRAM
324 as non bailable by merely looking into printing book is improper - Criminal Procedure Code was amended under Article 25/05 and ... 324 remains bailable and so, petition for anticipatory bail is dismissed - Magistrate directed to consider bail under Section 436 ... anticipatory bail stating that offence is non bailable as per amended Act, allowed by Magistrate, HELD, order of Magistrate considering Section ... This Court feels that when an application was filed before the learned Judicial Magistrate II, Ponneri under Section#....
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