• Section 341 And 326

We have received a summon to appear for investigation on the Section mentioned above.
We have given signed 
Is it compulsory to appear there?
What happens if we don't appear there?

What are the further action that can be taken if we dont visit there?
Asked 6 years ago in Criminal Law
Religion: Other

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18 Answers

If you've received summons under section 341 and 326 IPC for wrongful restraint and Voluntarily causing grievous hurt by dangerous weapons or means from police, you'll need to appear before the Police station as Section 326 is a cognizable and non-bailable offence.

If you won't cooperate with the investigation, then they'll get warrants issued in your and compell you to join the same.

It's advisable that you appear in the concerned Police station on the date mentioned on the summons with an advocate. Going there alone would not be advisable.

For any other queries, feel free to contact.

Regards.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

If you do not appear then a non bailaible warrant will be issued.

It is advised that you go ahead and take part in the investigation.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Hello,

It is necessary to appear in person in the instant case .

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

See what each sections says of IPC Sections 341 and 326.

Section 326 - Voluntarily causing grievous hurt by dangerous weapons or means—Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to re­ceive into the blood, or by means of any animal, shall be pun­ished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Section 341 - Punishment for wrongful restraint.—Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

2) you have to apply for Bail in the court.

3) If you do not appear in the court arrest warranty will be issued by the court.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Yes they can, if you do not appear and take part in investigation.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You must appear in response to summons issued by police

2) if date is not convenient to you then request for another date

3) if you do not cooperate with investigations you would be arrested

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Yes. They can. Any person accused of a non bailable offence can be arrested at any point of time.

You should file for Anticipatory bail, if you're apprehending arrest in, sessions or high court. Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code.

This means that an individual can seek or request to get bail in anticipation or in expectation of being named or accused of having committed a non-bailable offence.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

The offences are non bailable in nature and the police can arrest you i you donot cooperate with the investigation. if you donot visit the police station they can arrest.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

further it is better to obtain anticipatory bail and then go because even if you appear before them then also you can be arrested.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Please note one of the offence registered against you Is non bailable as such if you appear to police station If you are arrayed as accused you can be arrested. Better go underground and ask a local advocate to verify with FIR if you are arrayed as accused apply for anticipatory bail before appearing before police for investigation.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

yes, that's why you have to apply for bail.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Firslty, if it is the summon under section 41 A then they won’t arrest you for sure as if they do then they all will be in problem.

Secondly, yes you should appear if the same is under section 41A otherwise first bailable then on second non appearance no bailable warrant would be issued resulting your arrest for sure.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

1. I guess you called for an investigation by IO.

2. In case, if you not able to appear for some reasons then issue legal notice to IO explaining your situation and postpone your appearance.

3. Only after seeing the copy of the summon, any lawyer could provide his/her opinion on your arrest.

4. Please share me the copy of the summon.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Dear Sir,

My answers are as follows:

Is it compulsory to appear there?

Ans: Yes, you have to appear before the IO and submit your version about the incident, it may be false. Otherwise police may arrest you and then if you go for bail, the Court may reject your bail application. If you are sincere the police people always help you.

What happens if we don't appear there?

Ans: You will be arrested and kept in police station for interrogation and then Court will remand you to jail.

What are the further action that can be taken if we dont visit there?

Ans: The alternative option available to you is to apply for anticipatory bail and till it is granted you may grow underground. If the victim not sustained serious injuries then you will get anticipatory bail. Further seek staying of investigation before High Court and then seek quashing of entire FIR.

Can they directly arrest us at investigation if we go there?

As someone told me that they can.

Ans: Yes, they can.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Dear Sir,

IF police gives you summons to participate in the investigation, then they may not arrest you. If you do not participate in the investigation then police may arrest you. Please visit the police station and find out that for what purpose police is calling you and what is your role in the complaint filed. You may be just a witness and not named accused.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

If you don't visit them even after receiving summons then the police may initiate action to issue arrest warrant.

You can be arrested if you don't obtain AB

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Yes the police will conduct namesake inquiry and may produce before judicial magistrate to remand you to judicial custody.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

You should appear before the investigating authority otherwise your absence will be recorded before the court by file invesigation report and non-bailable arrest warrants may be issued by the court against you

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

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