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Can police arrest in 120 B IPC when I am on anticipatory bail

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

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Sir, I am accused in a criminal case The case is registered under 419,420,467,468, 506 IPC. I got anticipated bail from the court of sessions. The investigating officer has added section 120B IPC and the investigation is still going on. Can police arrest me under 120B IPC?

Question from: Delhi

When the investigating officer added section 120B IPC it proves that he has collected some evidence. The police can arrest you if he thinks that you can provide some more evidence. This is the privilege of the investigating officer and the court does not interfere. 

You have been enlarged on anticipatory bail so it appears that you are not directly involved in the crime. The police can arrest you if he has some convincing evidence. He has to approach the court for the cancellation of anticipatory bail.

Cancellation of anticipatory bail

The court includes some conditions while granting the anticipatory bail under section 438 crpc. Compliance of those conditions is mandatory for the accused. If the accused does not comply with those conditions the court will cancel his bail.

In Dolat Ram v. State of Haryana [(1995) 1 SCC 349: 1995 SCC (Cri) 237] the Supreme Court has laid some guidelines for cancellation of anticipatory bail.

  • Interference with the administration of justice.
  • Evasion or attempt to evade the due course of justice.
  • Abuse of the concession granted to the accused.
  • If the court thinks that the accused may abscond.
  • Another reason justifying the cancellation of bail

Can police arrest in 120B IPC

Section 120B does not enhance the gravity of the crime. Therefore, the court will not cancel your bail only on the addition of section 120B. You must follow the conditions specified in the anticipatory bail. 

In Hazari Lal Das v. State of W.B., (2009) 10 SCC 652; the Supreme Court held that the court should not mechanically cancel the bail unless the supervening circumstances require.

You should not be a worry. The court shall not cancel the bail unless you breach the condition. Addition of section 120B does not come under the purview of supervening circumstances.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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