issuing 41 A CrPC notice to accused on bail

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To understand the procedure and implications of Bail. I would suggest you to take a look at this - BAIL IN INDIA   . Hope it helps!

Dear Kishore,

Thank you for your query! I am Aadil and I will try to answer your question.

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.

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

Regards,

Aadil