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41A notice applicable For IPC 354 or 354 D
21-Mar-2023 (In Criminal Law)
Is 41A notice mandatory for ipc 354 ,354A 354 D .And will police station bail is there for these offences?
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.
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.
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Adv. Hemanta Kumar Das
Kolkata | 100+ Answers
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What is notice under 41 1?
CrPC Sec 41(1)(b): Provides for arrest by police on receiving a reasonable complaint/information or has reasonable suspicion of a cognizable offence having been committed, which is punishable with imprisonment of less than 7 years, or which may be extended to 7 years if the given set of conditions are satisfied. 31 May 2023
What happens after 41A notice in hindi?
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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
For further query you can contact me on my given details
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Adv. Rupsa Mukherjee
Kolkata | 25+ Answers
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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.
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Adv. Amitava Chakraborty
Barrackpore | 25+ Answers
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