Can I be arrested if I get a notice to appear at PS u/s 419 IPC?

862 votes

under Section 41 Cr. P. C., police is having power to call the accused to appear before the Investigating Officer. There is also provision that if the accused will not co-operate in investigation of the case and try to abscond, then police can arrest.
It is having discretionary power of the police.

it will be better for you to know the matter.

Advocate Bikas Agarwal LawRato

593 votes

Section 419 IPC is purely bailable and police cannot arrest you without warrant under any circumstance even if you appear before the investigating officer of your case. But remember one thing that police may try to extract money from you. So you need to be careful. Visit the police station after making sure that no other non-bailable case is pending against you. Otherwise police may arrest you then and there.

Advocate Bidhayak Acharyya LawRato

643 votes

419 is a bailable offence. Go to police station and take bail in police station by submitting bail bond. But please be sure that the section is only 419, if other sections are there then we have to see whether those sections are bailable or non bailable.
Hope my reply helps you.

Advocate Johnu Kanta Bhuyan LawRato

786 votes

section 419 of the Indian Penal Code, 1860, punishes for offence of cheating by impersonation. The section is bailable and hence police is empowered to give bail. Generally when notice is issued u/s 41 (A) of CrPC, and the accused appears in pursuant thereto before the investigating officer, he is not arrested, but as the section is cognizable police has the power of arresting without warrant. Thus, it is better to comply with the notice, however at the time of appearing before the police station, it is better to appear along with surety, although in the judgment of Arnesh Kumar the Hon'ble Apex court has held that arrest is not mandatory in offenses punishable till the term of seven years of imprisonment.

Advocate Abhijit Bhattacharya LawRato