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Maximum time taken by police to arrest accused under IPC 376


In Criminal Law
As my friend have registered a fir against a boy under 376 false promise of marriage on 2nd of June 2017 and statement of 164 was done on 13th June 2017 till now police has not arrested the accused so I wanted to know what is the maximum time police has to arrest the accused and can chargesheet be filed if accused is not in custody

Answers (3)


157 votes

Dear Sir,
What you mentioned about 376 is not correct .It is not related to marraige false promise .I would firstly like you to actually enquire the section .Nowadays as there are many cases of false allegations ,so the police doesnt arrest immediately but orders passed by the Hon'ble court then has to comply with it.

- Section 376 of IPC


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151 votes

Under the Criminal Procedure code there is no time period defined for arresting the accused. If the accused is co-operating with the investigation and his custody is not required the police may not arrest him. And yes the chargesheet can be filed before the concerned court even without arrest keeping him in Column no. 12.

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201 votes

Dear Friend,
The charges sheet shall be filed within 90 days under section 376 of IPC, from the date of complaint and the accused must be present in court during the hearing/ pronounce of charge. The accused could be in custody or on bail at that time.

Further Conformation You need to show me the copy of complaint and fact of the case.


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