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What is the time limit for arresting a person under section 353 of IPC? Additionally, how to get bai


17-Jul-2024 (In Criminal Law)
What is the time limit for arresting a person under section 353 of IPC? Additionally, how to get bail in IPC 353, and what is the process for anticipatory bail in section 353 of IPC?
Answers (5)

Answer #1
921 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. Disclaimer: The response to your query is general in nature not a legal advice to provide solutions to an individual problem. The response will not create any attorney-client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel in the relevant jurisdiction. The firm, its advocates and staff are not liable for any consequence of any action taken by the readers relying on information provided herein. The firm expressly disclaims all liability in respect of actions taken or not taken based on any contents of this page.
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Advocate Sameer Hussain

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Answer #2
903 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
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Advocate Innamuri Balasubramanyam

Adv. Innamuri Balasubramanyam

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Answer #3
862 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.
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Advocate Moizuddin Ali Ahmed

Adv. Moizuddin Ali Ahmed

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Answer #4
984 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.
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Advocate Shake Abdul Azeem

Adv. Shake Abdul Azeem

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Answer #5
959 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.
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Advocate N Venkateswara Rao

Adv. N Venkateswara Rao

LawRatoHyderabad | 25+ Answers
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