Can A Person Be Charged With IPC Sections 409 And 420 Together.

If facts are stated so, it is possible.. Possible circumstances are there for 'agents' under 409.. FIR / final report needs to be verified.. If found not made out you can discharge or quash from one charge.. Most probably quash of '420' is highly possible.. for further assistance plz book for consultation...

Hi, usually the person cannot be charged under both the sections. In a catena of judgments it has been observed that the trial courts convict under both the sections and thereafter one section is removed. Also, in Malya's judgment the case was initially registered under S. 409 and thereafter under S. 420. Therefore in every fact it has to be proved that both the sections are not mutually exclusive. Regards, Kajal Bhatia

Dear Sir, Wrong mentioning of or over lapping mentioning of sections is only a clerical mistakes and can be cured. You cannot get discharge on such technical issues.

the offense under 406 to 409 and 420 doesn't go together, however ingredients can be tested to find out the charge to be levied. however, alternatively can be charged . sunil kumar paul vs st. of W. B

yes