Time limit for arresting person under section 353 of IPC ?

960 votes

IPC 353 is non bailable therefore police can arrest the accused any time they want but if they didn’t arrest means they don’t have sufficient grounds to arrest the accused. However, it’s a good idea to apply for Anticipatory Bail in the session court if the person is not arrested. Good Luck.

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Advocate Sameer Hussain LawRato

955 votes

no period if offence is proved in investigation they will arrest by issuing 41A notice under criminal procedure code and you can also apply for anticipatory bail under section 438 of the code of criminal procedure and the usually it would be in between 90 days from the date of registering the case and hence please calculate the time basing upon the above provisions

Advocate Innamuri Balasubramanyam LawRato

572 votes

There is no specific time is fixed for arrest of a person. It depends upon the Investigating Officer. Moreover, as per the recent development, before arrest, a notice U/s.41A is mandatory calling for explanation from accused. Hence, no time frame is fixed for arrest of a person.

Advocate N Venkateswara Rao LawRato

992 votes

Dear Concerned, If Prima facie is proved before the investigating office then he can be arrested immediately, and within 24 hrs he has to be remanded to court. Any way option to get a bail will always be open.

Advocate Moizuddin Ali Ahmed LawRato

990 votes

there is no time limit for arresting a person who has committed an offence under ipc. the limitation will start from the time the aggrieved person or the investigating officer who ever gets the identity of the accused person. from the date of knowledge till 2 years the FIR should be filed and there is no time limit for arresting the person.

Advocate Shake Abdul Azeem LawRato

256 votes

Is IPC 353, a bailable offence? The offence is not bailable. Bail is only granted by the magistrate in cases where bail is not possible. The accused may apply for bail under section 437 of Criminal Procedure Code. This code allows the court to grant bail at its discretion.

Advocate Chikirsha Mohanty LawRato