×
Q & A Forum Find a Lawyer
All Lawyers Arbitration lawyers Armed Forces Tribunal lawyers Banking/Finance lawyers Cheque Bounce lawyers Child custody lawyers Civil lawyers Consumer Court lawyers Corporate lawyers Criminal lawyers Customs & Central Excise lawyers Cyber Crime lawyers Divorce lawyers Documentation lawyers Family lawyers GST lawyers Immigration lawyers Insurance lawyers International Law lawyers Labour & service lawyers Landlord/tenant lawyers Medical Negligence lawyers Motor Accident lawyers Muslim law lawyers Property lawyers Recovery lawyers RTI lawyers Startup lawyers Supreme Court lawyers Tax lawyers Trademark & copyright lawyers Wills/trusts lawyers
Case Request
  • More Case Type
    • Appeals to High Court Appeals to Supreme Court Arrest Bail Breach of Trust Bribery Business Negotiations Cheating Cheque Bounce (138 NI Act) Child Abuse Child Custody Company Law Board Construction Liability lawsuits Conversion of Partnership Firm into LLP Court Marriage Debt Recovery Tribunal Dispute Resolution Divorce Draft MOA & AOA Filing a Mutual Divorce FIR Forgery Fraud Fundamental Rights of Citizens GST Injury Legal Notice Legal Notice / Reply for Divorce Legal Notice for Defamation Legal Notice for Delay in Construction Legal Notice for Recovery of Dues Legal Notice for Refund of Security Licensing Marriage Registration Mergers and Acquisition Murder National Company Law Tribunal (NCLT) Police Action Public Interest Rape Real estate lawsuits Restitution of the Conjugal Rights Sexual Harassment Theft Winding up petition
    Free Legal Templates
    All Legal Templates Sexual Harassment Kit Board Resolutions Kit Corporate/Business Kit Corporate/Business Service Agreement Memorandum Of Understanding Article Of Association Shareholders' Agreement Dissolution of Partnership Contracts/Property Law Model Agreement of Sub-lease Model Agreement of Lease Perpetual Lease Relinquishment Deed Revenue Sharing Agreement Leave and License Agreement Agreement of Indemnity Banking/Financial Family Law APPLICATION FORM-SURVIVING MEMBER CERTIFICATE Memorandum of family settlement Partition Deed Deed of Partition among Members of a HUF Deed of Adoption by a Widow Deed of Adoption by an Unmarried Woman Intellectual Property Right Bonds Personal Security Bond by an Employee Indemnity Bond Performance Guarantee Bond Power of Attorney Special POA granted by an Individual to File & Defend a Court Case Special POA to Conduct a Court Case Special POA to Execute Sale Deed Special Power of Attorney to Recover Debts Trust/Will Deed of Trust for a Scholarship Deed of Trust for Establishing Hospitals Deed of Trust Establishing Educational Institutions Advocate Kit Form A &F-ISSUANCE OF CERTIFICATE OF PRACTICE Form B - Certificate & place of Practice Application for resumption of certificate of practice Format of Vakalatnama Test 12
    Read Article Indian Kanoon e-Court fee Certified Copy Easy Office
    Loading
    We make advocacy simple for you Ask a question Consult a Lawyer
    Signup
    Login | info@easyadvocacy.com
    J Prateek Kundu 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: 337followers: 0 answers: 1

    Login to Answer

    1. 7 yrs 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.


    Ask your question from lawyers!

    Ask your question from lawyers!

    Ask anonymously

    Customer Support

    Need any help? Feel free to contact us
    at +91-11-2622 7731

    100% Secure

    Our payment gateway system is 100% secured, you can count on us for the security of your money.