CrPC Section 41A — Notice of appearance before police officer

Summary

Sub-section (1) When arrest is not required under section 41(1), the police officer must issue a notice to a person against whom there is a reasonable complaint, credible information, or reasonable suspicion of having committed a cognizable offence. The notice must direct the person to appear before the officer or at another place specified in it.

Sub-section (2) A person who receives the notice must comply with its terms.

Sub-section (3) If the person complies with the notice and continues to do so, the person must not be arrested for the offence named in it unless the police officer records reasons for deciding that the person ought to be arrested.

Sub-section (4) If the person fails to comply with the notice or is unwilling to identify himself, the police officer may arrest him for the offence named in the notice, subject to any relevant order made by a competent court.

Official Text

(1) 3[The police officer shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.

(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. 4[

(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.]

Sections referred to

• CrPC §41 — When police may arrest without warrant

Related Judgments

• ARVIND KEJRIWAL vs CENTRAL BUREAU OF INVESTIGATION — Supreme Court of India (2024)
• TUSHARBHAI RAJNIKANTBHAI SHAH vs KAMAL DAYANI & ORS — Supreme Court of India (2024)
• CENTRAL BUREAU OF INVESTIGATION vs SANTOSH KARNANI & ANR — Supreme Court of India (2023)
• MOHAMMED ZUBAIR vs STATE OF NCT OF DELHI & ORS — Supreme Court of India (2022)
• SOCIAL ACTION FORUM FOR MANAV ADHIKAR AND ANOTHER vs UNION OF INDIA MINISTRY OF LAW AND JUSTICE AND OTHERS — Supreme Court of India (2018)
• SATENDER KUMAR ANTIL vs CENTRAL BUREAU OF INVESTIGATION & ANR — Supreme Court of India (2022)