Police harassment – can police arrest when relative accused is absconding?

[Nidhi Trivedi]

My in-laws is absconding in 420 case. He is not in touch with me last 6 month can polce arrest us for pressure

[Dr. Ashok Dhamija]

You are not legally responsible for the offence which has been committed by any of your relatives. Only the person who has committed the offence is responsible for that offence.

However, if that person has absconded and if the police has reason to believe that you know his whereabouts, it can question you about the location of such accused person. But, the police cannot arrest you for that offence.

At the same time, if there is a reasonable suspicion that a person has been harbouring (concealing from law) an accused person, then such person (who is alleged to be harbouring the absconding accused person) may be liable under Section 212 of the Indian Penal Code. But, harbour by husband or wife of the offender is not punishable under this section.

Other than the above situation, you are not liable for the offence committed by your relative and you cannot be arrested or prosecuted for that offence.

     

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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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