Can police arrest under 376 if earlier bail granted?

I filed a complaint at the police station, and they registered an FIR under Sections 420 and 417. The accused obtained anticipatory bail from the Madurai High Court for Section 420. Now, the police have altered the case to include Section 376. Can I request the police to arrest the accused under Section 376, or will the previous bail prevent arrest under the new section?

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Advocate By LEAD INDIA Answered: 24 Apr 2025

Since the FIR has been changed to include Section 376, which is non-bailable, the police can arrest the accused. Prior bail under Section 420 doesn’t protect him from arrest under Section 376. You may request the investigating officer to act accordingly or approach the court to ensure proper investigation and arrest. For further legal assistance contact us on our helpline number.
 

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