Is Filing F.I.R. is necessary for arrest under IPC 420?
Can Police arrest without arrest warrant?
If no chargesheet is filed within 90 days after F.I.R. what is the status of complain?
Does detain and arrest both need warrants?
Thank You
A. M. Pukkueim (d) 25 April 2014
Is Filing F.I.R. is necessary for arrest under IPC 420?
Can Police arrest without arrest warrant?
If no chargesheet is filed within 90 days after F.I.R. what is the status of complain?
Does detain and arrest both need warrants?
Thank You
Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779) 26 April 2014
No doubt, mere registration of FIR is not a ground to arrest.
However, if the Investigating agency/officer primafacie satisfied himself from his preliminary investigation that the offence has been committed by an accused, he can arrest him.
An investigating officer can arrest an accused, subject to the above condition, at the first instance during the course of Investigation even without warrant. But, for detention for more than 24 hours from the time of arrest, warrant is required.
As for as the grave offence is concerned, the non filing of charge sheet within 90 days from the date of FIR will not cause any legal bar to proceed the investigation further.
Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779) 26 April 2014
No doubt, mere registration of FIR is not a ground to arrest.
However, if the Investigating agency/officer primafacie satisfied himself from his preliminary investigation that the offence has been committed by an accused, he can arrest him.
An investigating officer can arrest an accused, subject to the above condition, at the first instance during the course of Investigation even without warrant. But, for detention for more than 24 hours from the time of arrest, warrant is required.
As for as the grave offence is concerned, the non filing of charge sheet within 90 days from the date of FIR will not cause any legal bar to proceed the investigation further.
S K KARNjhc (Legal Adviser) 02 May 2014
Yes, I'm quite agree with said Adv
Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779) 16 May 2014
@ SK Karn. Thank You.
manish jeswani (lawyer) 17 May 2014