Please understand that the maximum punishment for an offence under Section 420 IPC is 7 years’ imprisonment. For such type of offences, the Parliament had amended the law [Section 41 of the Cr.P.C.] in 2009 and 2010 making it more difficult for police to arrest the accused persons. Therefore, arrest in such an offence cannot be made by police in a routine manner as the law requires now.
Secondly, if an accused is not arrested during investigation, then generally chances are more in favour of the accused not being denied bail when the court takes cognizance after filing of the charge sheet.
Thirdly, being a case where police had filed the FIR and charge sheet, the case will be handled by the public prosecutor in the court, who is paid by the Government. You are not required to engage any private advocate.
In such a case, even if you engage a private advocate, his role would be generally limited to assist the public prosecutor.
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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