Response to a FIR
A case under IPC 417 and 420 has been registered. Police is not able to find me. They are not aware of my whereabouts so what should I do now ? I got to know about this case from my friend via email so what needs to be done. I am out of india.
In this situation, since you are aware that the police is on the lookout for you and you are out of India, you may be further charged with the offence of ‘Absconding to avoid service of summons or other proceeding’ under Section 172 of the IPC, which entails simple imprisonment for a term which may extend to six months along with fine, if you fail to cooperate with the police in spite of your knowledge.
The offence under section 417 of the IPC is Bailable and Compoundable while the offence under section 420 Non-bailable but compoundable. As per Section 436 of the CrPC (Code of Criminal Procedure), whenever a person accused of a bailable offence is arrested without warrant and is prepared to give bail, such person shall be released on bail. The discretion to decide the bail amount is with the Court or with the officer, as the case may be. However, in your case, since Section 420 is a non-bailable offence, it is to be noted that a person accused of a non-bailable offence doesn’t have right to be released on bail but the bail can be granted at the discretion of the court, subject to certain conditions given in Section 437 of CrPC. The procedure to apply for Bail under Section 437 or Section 438 of CrPC, is that , the accused has to fill the Form No. 45 given in the First Schedule and apply for bail. After that, it will be the discretion of the Court whether it grants or rejects the application for bail.
You have another option of applying for Anticipatory bail under Section 438 of the CrPC. In case a person is of the apprehension that he might be arrested on the accusation of a non-bailable offence, he can apply to High Court or Court of Session for bail under Section 438 of CrPC. The grant of bail will be on the discretion of the Court subject to certain conditions, including conditions that the person shall:
a. Make himself available for interrogation by Police Officer as and when required.
b. Not make any inducement, threat or promise to any person so as to deter him from disclosing any material facts to the court or any police officer.
c. Not leave India without prior permission of the Court.
Also, since the offences charged against you are compoundable, under section 320 of the CrPC, with the permission of the Court before which any prosecution for the offence is pending, it can be compounded by the person cheated, i.e. one who has filed the case (the victim), may enter into a compromise, and agree to have the charges dropped against the accused (in this case, you).
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