Power to arrest


Hello,

My friend has been implicated in a false accident case. His car hittin a scooter. There is no death and no major injuries. But yet that person has been able to file an FIR.

Once an FIR is filed, does this mean police can come to my friends home anytime and arrest him and put him in lock up. Is this how things work ?

regards

 

 

 

 
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Advocate

No. FIR doesn't mean arrest.

In criminal matters, the accused are arrested because they may destroy the evidence and hamper the investigation. They are also arrested if they cause threat to the complainant or act in furtherance of additional crime etc., Otherwise why should anybody be arrested. Is it not violation of article 21 of constitution.

 
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Retired employee.

Arrest is lost resort, when the driver is not belonging to that place, and it is always better to contact a counsel, as he may advise suitably.  (There may be certain other violations also like valid driving license, third party insurance etc., in the accident complaint).  One is supposed to produce valid driving license and third party insurance before police and arrest may not be compulsory.

 
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Dy Director

He has to seek bail if FIR is registered against him.

 
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