Section 41-A of the Criminal Procedure Code is reproduced below:
“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 clear from the above section that where the person, to whom a notice of appearance has been issued under Section 41-A of the Cr.P.C., complies with and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice. However, for reasons to be recorded, if the police officer is of the opinion that he ought to be arrested, such person may still be arrested. Generally speaking, such person would not be arrested if he continues to remain present before the investigating officer as required under the notice. It is only in exceptional circumstances that such person may still be arrested if the police officer records the reasons in writing for his opinion for the necessity of arresting him and the reasons for such arrest would be (as mentioned in Section 41 of the Cr.P.C.):
- to prevent such person from committing any further offence; or
- for proper investigation of the offence; or
- to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or
- to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or
- as unless such person is arrested, his presence in the Court whenever required cannot be ensured,
However, please note that as provided in sub-section (4) of Section 41-A, if such person [to whom a notice of appearance has been issued under Section 41-A of the Cr.P.C.], at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may arrest him for the offence mentioned in the notice, subject to any orders passed by a competent Court in this behalf.
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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