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