Legally, it is possible for the police to arrest a person despite the fact that he appeared before the police in compliance with the notice issued by police under Section 41-A of Cr.P.C. Sub- section (3) of Section 41-A lays down that where a person complies and continues to comply with the notice, ordinarily he shall not be arrested in respect of the offence referred to in the notice, however, for reasons to be recorded as to why such person ought to be arrested, the police officer may still arrest him. Section 41-A of the Criminal Procedure Code is reproduced as under:
“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.”
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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