506, 342, 364 & r w 34, r w 511 ipc 506, 342, 364 & r w 34, r w 511 ipc

10 months ago

Is it possible to issue 41A notice without arrest

Advocate Simi Paul

Responded 10 months ago

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A.Hi client,

Yes it is possible, police issues the same to ask the accused to visit the police station.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 10 months ago

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A.Dear client,
yes it is possible to issue notice under section 41 A of the CrPC without arrest.
As per section 41A,
The police officer must issue a notice ordering anyone against whom a reasonable complaint has been made, credible information has been received, or a reasonable suspicion exists that they have committed a cognizable offence to appear before them or at such other location as may be specified in the notice, in all circumstances where the arrest of a person is not required under the terms of Section 41(1).
It is the responsibility of the individual to whom such a notice is issued to abide by the notice’s provisions.
If the individual receives the notice and complies with it, he will not be arrested for the offence mentioned in the notice unless the police officers believe that he should be detained for reasons that will be recorded.
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