The offence under Section 409 IPC is a serious offence of criminal breach of trust by public servant or by banker, merchant or agent, etc. The maximum punishment for this offence can be life imprisonment or imprisonment up to 10 years. It is a cognizable and non-bailable offence.
Therefore, the police has the power to arrest a person accused of an offence under Section 409 IPC without warrant during the investigation of the case, i.e., before filing of the chargesheet before the court.
Accordingly, the answer to your question is “yes”; the police officer investigating the case under Section 409 IPC can arrest the accused person before filing charge sheet.
Section 409 IPC is reproduced below for your information:
“409. Criminal breach of trust by public servant, or by banker, merchant or agent.—Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with 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.”
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