Punishment & Penalties: Section 318 BNSS
Re: Record in High Court
Statutory Wording
Up to 7 years (basic); up to 10 years if delivery induced
Procedural Classification
Bail EligibilityBailable (Bail as of right)
CognizabilityNon-Cognizable (Warrant required)
Trial JurisdictionFirst Class Magistrate
Limitation Period3 years from commission
Practical Legal Considerations
- Mitigating Factors: Indian courts regularly consider the age of the offender, criminal history, and motive as mitigating factors to reduce punishments under this section.
- Compounding Offences: Check if this offence is compoundable (settlable) under Section 320 CrPC to avoid trial sentences.
- Probation: First-time offenders under non-serious categories may qualify for probation instead of actual imprisonment under the Probation of Offenders Act.