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Can I be arrested under section 41 crpc as not gone to police station
09-Jul-2023 (In Criminal Law)
Dear sir,I received a notice from police station of 41a of 498a case, where police asked me to attend to the police station on 9 jul, I send a acknowledgement letter and asked for time to appear. Can police arrest me in between.
No, now no direct arrest under section 489a IPC. File a petition u/se.438 Cr.P.C. in District or High Court for anticipatory bail.You can comply 41 notice to appear before the I.O., better to get anticipatory bail. A
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Adv. Minansu Bhadra
Kolkata | 100+ Answers
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How do I respond to a 41A notice?
A person who receives an notice under section 411A of the Cr. P.C. The notice will specify the time and location at which the officer must appear. If he appears and obeys, then he is not arrested except in exceptional circumstances. If he does not comply, arrest will be made.
What a police can do under section 41 of CrPC?
According to Section 41(1)(a) of the CrPC, a policeman may arrest any person who commits a cognizable offense in the presence of an officer, without a warrant or order from a magistrate. 18 Sept 2023
What is the recent Judgement of Supreme Court on 41A CrPC?
The Apex Court concluded, therefore, that Section 41A should only be applied to minor offenses under the Indian Penal Code 1860 (IPC) and not to economic crimes. You can read reports on the other aspects of this judgment. 7 Aug 2023
What happens after 41A?
After your appearance on 41A the police may have closed their investigation or not enough evidence to charge you. Or they may be investigating further to implicate you. 8 Oct 2023
As per the recent Supreme Court verdict, 41A notice is mandatory before arresting the accused, hence you have been served with the notice and as per the law you cannot be arrested, only after the interrogation of Section 41A, if the police is not satisfied can arrest accused later, but in case of one of my client, he was illegally arrested in connection with a 498A Case when he went to the Singur PS for compliance of the 41A, hence it is always advisable to take the assistance of a lawyer while going to the PS, and also get the anticipatory bail accordingly. All the best. Regards
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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According to 41A (3), an arrest will not be made if the person continues to follow the instructions in the notice or complies with them, unless the officer believes that the offence is serious enough to warrant it.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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