Firstly, you have not clarified in which state or place the offence took place. This is so because unlike other offences under IPC, offence under Section 506 IPC is treated differently in different states. In most states, it is non-cognizable and bailable, while in some states (and/or cities), it is cognizable and non-bailable. For more details, read:
In any case, if the FIR registered is only under Section 506 IPC, as you have mentioned, then it should be at a place where Section 506 IPC is cognizable and non-bailable, since it is not possible to register FIR in a non-cognizable offence alone.
Secondly, irrespective of whether an offence is bailable or non-bailable, it is not binding on the police to arrest the accused. While the police may have power to arrest the accused in certain cases, it is not mandatory that even in every such case the accused must always be arrested. Power to arrest is one thing and exercising such power to actually arrest accused is quite a different thing. In fact, there are judgments of Supreme Court requiring that arrest should be made by police only if it is necessary and that unnecessary arrests should be avoided.
So, it is not necessary that the police should arrest accused in every case. Police has the power to charge sheet an accused without arresting him.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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