Frequently Asked Questions On Section 41 Of The Crpc

QUERY #1

Please elaborate on Section 41 of the CrPC

ANSWER:

The short answer to your question is that it is the provision that explains the situations wherein a police officer can arrest an individual without a warrant.

If explained in detail, it prescribes that a police officer may arrest an individual without an order from a magistrate or without a warrant for the following reasons:

1)    If that person commits a cognizable offence in front of a police officer.

2)    If a reasonable complaint or credible information is received or if there is a reasonable suspicion that this person has committed a cognizable offence that may lead to imprisonment for a term of seven years or less, with or without a fine, if the following conditions are satisfied:

• If the police officer believes that this person has committed such offence as per the complaint, information, or suspicion against this person.
• If the police officer believes that the person must be arrested for the following reasons:

i)    To prevent this person from committing any more offences;

ii)    To properly investigate the offence;

iii)    To prevent this person from tampering with the evidence in any manner;

iv)    To prevent this person from threatening any individual related to case from revealing any information pertaining to the case;

v)    To ensure the presence of this person in Court, provided that arresting them is the only way to do so, the officer may record this reason in writing.

c)    The officer must also record the reason for not arresting a person in cases where such arrest is not required.

3)    It also states that with respect to the provisions of Section 42 of the CrPC, no person who has committed a non-cognizable offence or against whom a complaint, credible information, or suspicion has arisen of having committed such offence, can be arrested without an order from the Magistrate or without a warrant. The aforementioned section deals with situations wherein a person who has been alleged to have committed such a non-cognizable offence refuses to give their name or address.

Since the CrPC has been succeeded by the Bharatiya Nagarik Suraksha Sanhita 23, this offence is now available under Section 35 of the same, without any change to the above mentioned terms.

I hope this helps. Thank you for your time and patience!

QUERY #2

Can an elderly person be summoned by a police officer by issuing a notice under Section 41A of the CrPC?

ANSWER:

The short answer to your question is YES. An elderly individual can be summoned to a police station by issuing a notice under Section 41A.

Section 41A of the CrPC deals with the issuance of notice of summons before that officer. It prescribes that a police officer may issue a notice to a person to appear before him or at such place and time as mentioned in the said notice, against whom a reasonable complaint, or credible information, or a suspicion has arisen to have committed a cognizable offence.

It also states that it is the duty of this person against whom the notice has been issued to comply with its terms. If the person complies and continues to comply with the notice, they shall not be arrested for the offence alleged against them, unless the police officer thinks that they have to be arrested, the reasons for which shall be recorded.

If the said person does not comply with the terms of the notice or does not identify themselves, the police officer may arrest this person for the offence mentioned in the notice after receiving orders to do so from a competent Court.

The Bharatiya Nagarik Surakhsa Sanhita 2023, which succeeded the CrPC, has mentioned the same in its Section 35(3).

Therefore, no provision exists under Section 41A of the CrPC which excludes an elderly individual from having to appear before a police officer if a notice to do so has been issued by them.

I hope this helps. Thank you for your time and patience!

QUERY #3

Please elaborate on the checklist under Section 41(1)(b)(ii) of the CrPC

ANSWER:

The short answer to your question is that the aforementioned section of the CrPC deals with the conditions that have to be met for the police officer to arrest an individual for an offence without a warrant.

It prescribes that the police officer must be satisfied that this person has to be arrested for any of the following reasons:

1)    To prevent this person from committing any more offences;

2)    To ensure that the investigation is conducted properly;

3)    To prevent this person from tampering with the evidence;

4)    To prevent this person from making any threat or promise so as to prevent an individual from disclosing information that is vital to the case in hand;

5)    To ensure the presence of this individual in Court if arresting them is the only way to do so.

The Bharatiya Nagarik Suraksha Sanhita mentions the same in its Section 35(1)(ii).

I hope this helps. Thank you for your time and patience!

QUERY #4

Is there any provision that allows the police officer to issue a notice under Section 41A of the CrPC to appear before him, if the accused is on bail issued by the Court?

ANSWER:

The short answer to your question is YES. A person under a bail issued by a competent Court can still be issued a notice for appearance under Section 41A of the CrPC by a police officer.

Although no provision exists to issue a notice under Section 41A of the CrPC to the accused, there is no real need for that since the aforementioned section already covers all the necessary aspects.

Section 41A of the CrPC prescribes that subject to the provisions under Section 41(1), a police officer shall issue a notice to a person against whom a reasonable complaint, a credible information, or a reasonable suspicion has risen, of committing a cognizable offence, to appear before the officer or at such place and time as mentioned in the notice. It is the duty of this person against whom the notice has been served to comply with the terms of the notice. If they comply and continue to comply with the terms of the notice, they shall not be arrested, unless the officer is of the opinion that they have to be, the reasons for which must be recorded.

If the person does not comply with the notice, the police officer may arrest this individual after receiving orders to do so issued by a competent Court.

The Bharatiya Nagarik Suraksha Sanhita mentions the same in its Section 35(3).

Therefore, the Section in question does not give any provision that excludes certain individuals from having to comply with the notice, and since the bail granted on the person must have been for another offence, they can be issued a notice to appear before the officer.