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A. M. Pukkueim (d)     25 April 2014

F.i.r. vs detained vs arrest vs chargesheet

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

 



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 5 Replies

Lawyer SALEEMA (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 (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 (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

Hello, Fir is to set law into motion. Arrest is not a must even after registration of fir. However, if the io feels that certain important documents or evidence is to be gathered which is not possible without arrest, then it would be one of the circumstance in which arrest can be effected. Section 420 is non bailable and cognizable offense hence police can arrest without warrant. Non filling of charge sheet has nothing to do with the investigation even if it is not filed within 90 days. To be more precise under section 167 the time is prescribed within which the charge sheet should be filed. In event of noon filling of charger sheet in prescribed period, if the accused is behind bar then as per s 167(2) he is entitled for default bail. The period for filing charge sheet for sec420 is 60 and not 90 days. Regards Manish

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