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1 yr ago

J Prateek Kundu asked a question

Under the Sections 415, 417, 420, 406 of Indian Penal Code, 1860 police can directly arrest the accused person or they need to give any notice?

Category : Criminal law

views: 185followers: 0 answers: 1

  1. 1 yr ago

    Advocate Harshvardhan Sharma
    Appellate Litigation

    Hello Prateek,

    Here is your answer to query,
    Section 415 is a definition section, which only defines cheating.
    Section 417 is a punishment section which specifies the punishment for cheating, which is 1 year and therefore it is a bailable offence hence you wont be arrested and hence there is no need of notice U/S 41(a) crpc need not to be served. 
    Under Section 420 the punishment is 7 years and the offence is non-bailable and cognizable hence the police can arrest you without serving a notice.
    Under Section 406 the punishment is 3 years and the offence is non-bailable, but according to guidelines given in arunesh  kumar v/s state of bihar,  in the offences whose punishment is less than 7 years one will be first served with notice under section 41(a) crpc and cannot arrested directly.

    Thank you.

    Agreed (0)

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