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can police change section 452 to a bailable offence


20-Aug-2023 (In Criminal Law)
I received my FIR copy on 14.8.18 stating ipc sec 452 on the accused which is non bailable. But Today it came to my notice that the accused have not gone to the court for bail, neither have they been arrested. Is it possible for the police to change the sec 452 to a bailable one?
Answers (4)

Answer #1
756 votes
NO, the police can not change the section of law once it is charged. Even in non-bailabe offence the police can grant bail if the punishment is below 7 years with the condition that the officer in-charge has to mention the reason for his order. thanks
Answer #2
660 votes
No, police cannot change section 452 ipc into bailable offence, but they can leave the accused after giving notice under section 41 A Cr.pc. police can leave any accused after giving notice of section 41A Cr.pc if offence is punishable for punishment which may extend to 7 years.
Answer #3
771 votes
Dear Sir,
I cannot say without going through the FIR, whether there are sufficient contents of section 452 in the FIR, if you can than please share the contents of FIR or share brief history of your FIR, secondly during the investigation section can be changed.
Thanks
Answer #4
830 votes
Dear user
There is no such law to change non bailable offence into bailable offence. An accused has to seek bail from the court on the first day of hearing whether it is a bailable offence or non bailable offence. There is a procedure followed as per CrPC in criminal proceedings. I suggest you to consult an advocate.

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