quesHow to add charges in an already registered FIR with the police

An FIR has been registered by me against one person and he has been booked under Section 354, 354 D, 506 & 509 by the police but was arrested and bailed within 3 hours. 



1. How can they do so? 



2. I have now complained in CAW and came to know section 420 should have been levied at the same time and section 164 should have happened? How can it now be added? 



3. Punishment under these applicable sections? 

 

  • ans 

    You have very rightly lodged the FIR against that person for abusing you and hitting you. There must be zero tolerance for the crimes against woman and your action was absolutely right.

     

    The FIR which you have lodged is for outraging the modesty of a woman. Please understand arresting or not is a prerogative of the police as power to arrest and need to arrest are two different things and police has been given the powers to decide about the same.

     

    We are unable to comprehend how were you cheated as our knowledge of the facts is limited to your query and nothing in relation to cheating is made out. 

     

    Yes, usually these days in cases involving outraging the modesty of woman statement under 164 CrPC is recorded before magistrate but non recording of statement won't be fatal to your case and it is also a statement just like 161 CrPC which is recorded by police.

     

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