All these 3 sections, namely 279, 337 & 304A of IPC are cognizable and bailable. The police has the power to arrest without warrant. But, since the maximum punishment for all these sections is less than 7 years, as per the recent amendments to the Criminal Procedure Code (effective from 1 Nov 2010), the police can arrest without warrant only subject to certain conditions laid down in Section 41 of that Code. Moreover, if an arrest is made, then also since these are bailable offences, the police can grant them bail and in fact it is expected that bail would be granted by police in accordance with Section 436 of the said Code.
The provisions of anticipatory bail are applicable only for non-bailable offences. Since the above sections are bailable offences, there is no need to seek anticipatory bail and in fact the provision of anticipatory bail will not apply. But, as mentioned above, bail will be granted by police if the person is arrested for these sections.
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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