It is Section 41-A of the Criminal Procedure Code which requires the police officer concerned to issue notice to a person, to appear before him, whose arrest is not considered necessary under the provisions of sub-section (1) of Section 41 of the Cr.P.C.
“41-A. Notice of appearance before police officer.—(1) 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) 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.”
It is quite obvious from the above section that such notice is required to be issued in writing and not orally.
Nonetheless, since you have been asked by the investigating officer, orally, to remain present before him, it is advisable that you should remain present before him to assist in the investigation. You might have been called to provide some relevant information or clarification with regard to the investigation. At the same time, if you feel that you have been called by the I.O. for the purposes of arresting you, if so you wish, you may seek time from him for remaining present and meanwhile you may file an application for anticipatory bail before the appropriate court.
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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