SEC41 CRPC

Notice of appearance before police officer.-- (1) 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.

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Chorinc repeater ... just wasting his time and nothing else.

Dear Bhanuprasad,

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

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:

   1. If the police officer believes that this person has committed such offence as per the complaint, information, or suspicion against this person.

   2. If the police officer believes that the person must be arrested for the following reasons:

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

      2. To properly investigate the offence;

      3. To prevent this person from tampering with the evidence in any manner;

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

      5. 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.

   3. 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!

Regards,

Aadil