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Illegal Arrest Under Section 41 Crpc


02-Aug-2023 (In Criminal Law)
Is it illegal to arrest anyone under section 41 crpc without sending him notice under section 41a crpc
Answers (2)

Answer #1
866 votes
You should move immediately for release on bail taking ground. Arrest has been made under what offence.
Police can not arrest randomly. It require to have standards precedented by the Supreme Court and high court


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Answer #2
666 votes
That is not illegal but bad in law. Please note that 41 A notice is sent, when the police officer call you for inquiry and further investigation. arrest is done when a person apprehends that he may tamper the evidence and witness or hinder the investigation. If found illegal, a criminal proceedings and a bail order can be obtained

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