26 April, 2009

Throwing shoes to any body is a crime under Indian Penal Code

Contributed by Deepak Miglani

If a man throws a shoe, or on any other way to insult with the intention of using criminal force and in such case , if he is found guilty, he was sentenced to a maximum two years imprisonment.
In such matter, case may be registered under IPC Section -355 (intended to insult anyone's use of criminal force). But in such cases victim has to complain to the police. Since this case is a non- cognizable Offence , so according to the provisions of Crpc. Police can not arrest the accused directly by registering the F.I.R. In non-cognizable offence police can not arrest a person without warrant.
In such type of cases, F.I.R. can be registered on the direction of Magistrate due to complaint and then accused can be arrested. Such type of cases come under the category of bailable offence. So accused get the bail easily. If any body convicted under Section-355 of I.P.C, the he/she can be punished with imprisonment of either description for a term which may extend to two year, or with fine, or with both.
(Section 355 IPC- Assault or criminal force with intent to dishonour person, otherwise than on grave provocation
Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.)
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