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V Kumar Singh (Executive)     08 December 2012

304b

matter is of 304b.  is it necessary for police to call accused by an order in writing, or can the police do so orally.

pls advice. urgent.

thank you members.



Learning

 3 Replies

naveen arya (member)     08 December 2012

304B is cognisable offence so police cam arrest the person without giving notice. But they need to inform the known person of arrestee. Naveen karnal

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     08 December 2012

1. For Arrest - No notice required.

2. For investigation - 160 notice is required. 

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

V Kumar Singh (Executive)     09 December 2012

thanks dear members for your reply.

Apparently, the IO has not sent any 160 notice, the accused are in hiding for fear of arrest. but now IO is saying they are not cooperating with investigation and are not coming to me (are absconding). is the IO correct in saying this? or should the accused insist on notice (160) before appearing?

pls suggest.


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