Notice under section 41a cr.p.c

Unless the old aged person is unsound mind. Summons can be issued. under 1[41A. Notice of appearance before police officer.-- (1) 2[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.

yes, police officer can summon a 93 yr old father of the accused but if the condition of the father is not good to go hospital then police come to father's place with 41A notice and ask regarding the case.

The Supreme Court in the landmark judgment of Arnesh Kumar vs State Of Bihar & Another, (2014) 8 SCC 273 has laid down that no arrest should be made only because the offense is non-bailable and cognizable and therefore, lawful for the police officers to do so.
The existence of the power to arrest is one thing, the justification for the exercise of it is quite another. Apart from power to arrest, the police officers must be able to justify the reasons thereof. No arrest can be made in a routine manner on a mere allegation of commission of an offense made against a person. It would be prudent and wise for a police officer that no arrest is made without a reasonable satisfaction reached after some investigation as to the genuineness of the allegation.

Hello Rahman....

Section 41a notice deals with notice of appearance before the police.It applies to the persons on whom a complaint  has been made or a suspicion exists.

 As per your query, it appears  the father of the accused is to be summoned to enquire regarding his son's involvement in alleged offence.

So,Police have to summon the person who are acquainted with the facts of the case under section 160 of Crpc for enquiry.

Now, as per your query....

whether a 93 years old person can be summoned to the police station for investigation...

No...

The section says,The police cannot summon the person who is less than 15 years and above 65 years, a woman or a person with disability or unsound mind.

The police have to go the house or place of such person for enquiry.

In your case, It can be challenged. You can file a writ before the Hon'ble Highcourt.

Thank you very much for your correct opinion. 

As per Section 41 A of the Code of Criminal Procedure  if any police officer requires the participation of any individual who is not requiredto be fundamentally arrested under Section 41(1) of Cr.P.C. or 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, the official can give a notice for the equivalent.

The individual to whom the Notice is served is obliged to show up at the specified place and time. The individual confirming to the Notice will not be arrested except if in any case considered fit by the Police for which the official is duty-bound to record reasons in writing. Inability to consent to the Notice is a ground for arrest.

Very well analysed, opined and advised by experts herein above.

Answer to your question is "Yes" father of the accused can be summoned when the IO find that he is competent.

Yes, the said person, in spite of the age, is required to comply with the notice unless there are convincing physical and mental disabilities. 

Provsions of Section 160 relate to a different context relating to witnesses. 

160. Police officer' s power to require attendance of witnesses.

(1) Any police officer, making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required: Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.

Yes, police has power to issue notice under section 41 cr.p.c calling an old person aged 92 years for investigation. As duch tuere is no bar or prohibition nor old age give any immunity. 

What are full facts of the case.

Dear Ziaur,

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

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!

Regards,

Aadil