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ravi mehra (Secretary)     09 July 2014

Misuse of section 509 ipc

I am told by Khar police that in matters related to section 509 - police is  mnadated to arrest without preliminary satisfying itself of the genuineness of the case whereas I see Ness Wadia case where cahrges of 509 are levied - same mumbai police investigating to get satisfaction about the genuinity of the allegations.

What is the actual position ?

 

Ravi



 1 Replies


(Guest)

509 IPC is a section with below a year Simple Imprisonment. IO has to check for genuine basis before arresting the accuse person(s). Also refer to Supreme Court judgement  Arnesh Kumar vs State Of Bihar & Anr on 2 July, 2014 in which all crimes with sections below 7 years imprisonment have to be preliminary investigated before a person gets arrested. You can go for Anticipatory Bail . Consult a local lawyer.


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