ravi mehra (Secretary) 09 July 2014
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
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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