41A notice applicable For IPC 354 or 354 D

959 votes

Section 41A of the Code of Criminal Procedure (CrPC) deals with the notice of appearance that may be issued by a police officer to a person against whom an FIR has been registered, but who has not been arrested. The section provides that in cases where the offence is punishable with imprisonment up to seven years, the police officer may issue a notice to the accused to appear before him or her at a specified place and time. Section 354 of the Indian Penal Code (IPC) deals with the offence of assault or criminal force on a woman with the intent to outrage her modesty. The offence is punishable with imprisonment for a term that may extend to two years, or with fine, or with both. Therefore, since the offence under section 354 IPC is punishable with imprisonment for a term that does not exceed seven years, the provisions of section 41A of the CrPC would be applicable in such cases. This means that the police officer investigating the case has the power to issue a notice to the accused to appear before him or her at a specified place and time, rather than arresting the accused. However, it is important to note that the applicability of section 41A of the CrPC depends on the facts and circumstances of each case, and the discretion of the investigating officer. The police officer may arrest the accused instead of issuing a notice to appear, depending on the severity of the offence, the likelihood of the accused absconding, and other relevant factors.

Advocate Hemanta Kumar Das LawRato

533 votes

Yes 41A notice is mandatory in case mentioned under the above sections. Bail from the police station is completely not acceptable. A proper bail has to be taken from the court . For further query you can contact me on my given details

Advocate Rupsa Mukherjee LawRato

684 votes

yes 41A must comply ....and no police station bail is there you can apply for bail to the concerned ACJM Court by filing proper bail bond. So contact with a criminal advocate for appearance and pleading before the mentioned Court on behalf of you.

Advocate Amitava Chakraborty LawRato