Can Magistrate grant bail in 467 IPC?
Asked by: Ivory Stehr IV | Last update: January 29, 2026Score: 4.4/5 (23 votes)
A Magistrate generally cannot grant bail for IPC Section 467 (Forgery of valuable security, will, etc.) because it's a serious offense punishable by life imprisonment, which typically falls under the jurisdiction of the Court of Session, restricting the Magistrate's power under Section 437 CrPC; however, bail can be sought from higher courts like the Sessions Court or High Court, and in rare instances where the offense isn't exclusively triable by the Sessions Court or specific exceptions apply, a Magistrate might have jurisdiction, but it's highly restricted.
What is the power of Magistrate to grant bail?
Ref: Section 436(2). Thus Section 436 CrPC is the Magistrate's domain of bail power. fully satisfied that there is no reasonable ground for believing that the accused has been guilty of an offence punishable with death or imprisonment for life”.
Is section 467 IPC bailable?
Section 467 of IPC falls under the category of non-bailable offence. In non-bailable offences, bail is considered a privilege unlike in bailable offences where bail is considered a right. Therefore, the accused cannot simply apply for bail before being presented in front of the magistrate.
Can magistrates grant bail in the NDPS Act?
Offences under commercial quantities are non-bailable U/S 37 NDPS Act 1985. However, if the court finds that the accused is not guilty of offence or is not likely to indulge in sale/ purchase of narcotic drugs, bail can be granted.
Who can grant bail in a bailable offence?
So, he has to be produced before a competent magistrate under section 167 (1) of CR. P.C. Under section 81 the executive magistrate has the power to grant bail to a person who is charged of a bail-able offence and arrested under warrant and that the offence was committed in any other district.
When can one get bail in sections 420, 467, 468, 471, 120B IPC?
Can we get bail in bailable offence?
In the case of bailable offences, bail is a matter of right, and a person accused of such an offence under the Indian Penal Code, 1860 (IPC) can be granted bail under Section 436 CrPC. In contrast, in non-bailable offences, no such right accrues; under Section 437 CrPC, the discretion to grant bail vests in the court.
Who has the power to grant bail?
The police 1 or a court 2 has the power to grant bail. Bail can be unconditional or conditional. A person on bail must return to the police station or go to court at a particular time and on a particular day.
Can Magistrate grant bail in 409 IPC?
Can a Magistrate grant bail under Section 409 IPC? Yes, a Magistrate can grant bail in this Section based on the facts and circumstances of the case. However, if the Magistrate rejects the bail, the accused may approach the Sessions Court or High Court.
Can Magistrate grant bail in 308 IPC?
Generally it is seen that learned Magistrate never grant the bail to the accused person for the offence under Section 308 IPC.
What are the grounds for grant of bail?
In order for someone to be granted bail they need to show that they are unlikely to re offend if released from custody. They must also show that they have a good chance of showing up for their court date. Finally, there must be no danger that the person will commit another offence while awaiting trial in jail.
What evidence is needed to prove IPC 467?
This implies that the mere possession of such document or legal instrument and the intention to make use of such document or legal instrument is sufficient to convict an individual under Section 467 of the IPC.
What offences are not bailable?
Common Examples of Non-Bailable Offences
The following are serious crimes classified as non-bailable under Indian law: Murder (Section 302 IPC/Section 103 BNS) - Unlawfully causing death with intention. Attempt to Murder (Section 307 IPC/Section 109 BNS) - Taking steps toward killing someone.
Who is more powerful, a judge or a Magistrate?
A judge is generally more powerful than a magistrate, as judges handle more serious cases (felonies, major civil disputes) and have broader authority, while magistrates focus on less complex matters (misdemeanors, preliminary hearings, small claims) and have limited jurisdiction, often acting as a support to judges in managing heavy caseloads. Judges interpret laws, make binding decisions, and oversee the entire court process, whereas magistrates resolve simpler issues or handle specific procedural tasks, with their decisions sometimes subject to judicial review.
Who is not entitled to bail?
The right to bail is anchored on the Constitution, which provides that all persons shall be bailable before conviction, except those charged with offenses punishable by death, reclusion perpetua, or life imprisonment, when the evidence of guilt is strong.
What are the powers of magistrates?
Magistrates have sentencing powers that allow them to impose a range of sentences, including unlimited fines, bans, community orders and up to 6 months' custody, depending on the offence. Find out more about the different types of sentence and see the guidelines for sentencing offences in magistrates' courts.
Can Magistrate give bail in non-bailable offence?
If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction ...
What evidence is needed for IPC 308?
The court noted that conviction under Section 308 IPC requires: Proof of intention or knowledge to commit an act leading to culpable homicide. Assessment of the circumstances, nature of injuries, the weapon used, and the area of the body where injuries were inflicted.
How to make a non-bailable warrant?
Failure to Appear: If a person who has been summoned by the court to appear as a witness or as an accused fails to appear despite being properly served with the summons or bailable warrants, the court may issue an NBW to ensure the person's presence in court.
Who can grant bail under section 437 CrPC?
In all other non-bailable cases, judicial discretion will always be exercised by the Court in favour of granting bail subject to Section 437(3). The Courts oversee the action of the police and exercise judicial discretion in granting bail, balancing individual liberty and the cause of justice.
Can IPC 409 charges be dropped?
Luckily, there are several legal defenses in California law that you can raise if accused of a crime under Penal Code 409. These include showing that: the assembly was not “unlawful,” you were falsely accused, and/or.
What is the difference between 406 and 409 IPC?
What is Indian Penal Code 405, 406 & 409? Section 406 of IPC provides Punishment for Criminal Breach of Trust, Section 407 provides for criminal breach of trust by carrier, wharfinger or warehouse-keeper and Section 409 punishes criminal breach of trust by public servant, or by banker, merchant or agent.
Who has the authority to grant bail?
Criminal Manual Rule-26
This new provision empowers High Court and Court of Session to grant anticipatory bail. The Sessions Judges, while exercising powers under this section may impose the conditions as provided in the section.
Why might someone not be granted bail?
If you are charged with a non-imprisonable offence you can only be denied bail if you have previously failed to surrender and there is a belief you would do so again or following a breach of bail.
Can a bank take your money in a bail in?
Depositors in the U.S. are protected by the Federal Deposit Insurance Corporation (FDIC), which insures each bank account for up to $250,000. In a bail-in scenario, financial institutions would only use the amount of deposits that are in excess of a customer's 250,000 balance.