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 What should I do if I am arrested by the police?

What should I do if I am arrested by the police?

If you are arrested and during investigation, the SHO thinks that there is not sufficient evidence against you or that there is no need to forward you to the magistrate, the SHO, by exercising his power under section 169 CrPC, may release you on your executing a bond ( with or without sureties) that you will appear before the magistrate if and when so asked.

When you are so released, the police will continue its investigation and on conclusion of the same, it may either file a closure report or a chargesheet. If a closure report is filed, then you are not required to appear before the magistrate’s court and you are deemed to be discharged.

However, if a chargesheet is filed by the police against you, then upon the magistrate taking cognizance, you are issued summons to appear before the court on a particular day. You are given copies of documents filed by the police and given time to argue against framing of charges against you.

Thereafter, the court proceeds and after hearing the prosecution and your counsel, may either frame charges against you or may discharge you. If you are arrested and during investigation the SHO thinks that there is sufficient evidence against you, he may forward you to the magistrate.

At this juncture, you can move an application for bail. If the offence is bailable, the magistrate is bound to release you on bail. If the offence is non-bailable, then it is in the discretion of the magistrate whether to grant you bail or not. He may either allow your bail application or dismiss the same.

If you are arrested and the investigation can not be completed within 24 hours, and there are grounds for believing that the allegation or information against you is well founded, then the SHO or the IO( who can not be below the rank of a Sub Inspector) is bound to forward you to the magistrate, alongwith the copy of the police diary showing the investigation conducted so far.

At this juncture, you can move an application for bail. If the offence is bailable, the magistrate is bound to release you on bail. However, if the offence is non-bailable, then it is in the discretion of the magistrate whether to grant you bail or not. He may either allow your bail application or dismiss the same.


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