Madras (Madras) 05 July 2014

498A and section 41 9 point check list

The honourable supreme court has finally passed a final judgement to protect the innocent men. Could some one throw light about the 9 points checklist listed under section 41. The judgement says that notice of appearance has to be issued to the accused. In case if the groom is out of country then, should he serve the notice. Can he get exemption from appearance or else his work may get affected. Also, please clarify if case can be filled against the bride and her family in case of misuse and false complaints.

Reply Follow

2 Replies

(Guest)

(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person :-

(a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or

(b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or

(c)who has been proclaimed as an offender either under this Code or by order of the State Government; or

(d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or

(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or

(f) who is reasonable suspected of being a deserter from any of the Armed Forces of the Union; or

(g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or

(h) who, being a released convict, commits a breach of any rule made under subsection (5) of section 356; or

(i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears there from that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

Madras (Madras) 06 July 2014

Thanks for listing the 9 point checklist. Could you please elaborate on :The Bench said police should issue notice of appearance to the accused in terms of Section 41A of the Cr.PC within two weeks from the date of institution of the case, which might be extended by the district�s Superintendent of Police for reasons that must be recorded in writing. In case if the person is out of country due to work then, could a notice of appearance be served to him without any evidence or investigation.