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Is employee liable to tell his employer about his arrest by police


22-May-2023 (In Criminal Law)
In light of amendments in CrPc. in the form of section 41A Cr Pc wherein a person will not be arrested for offences in which imprisonment is less than 7 years, what consequence this provision will have on the CCS (conduct rules) wherein an employee is required to inform his superiors about his arrest or release on bail in a criminal registered against him (MHA letter No. 39/59/54-Est.(A) dated the 25th February, 1955). In light of these facts, I request you to provide legal opinion on whether an employee who is served upon 41A CrPc notice, is absolved from the his duty to inform his superiors about his arrest as required under CCS rules since he was not actually arrested . Does it also mean that an employee is not required to inform his employer or superiors about his being booked in an offence in which sentence is less than 7 years?
Answers (2)

Answer #1
570 votes
Norice under 41A a Notice of appearance before police officer. This notice is neither bail nor arrest/Judicial Custody.
After completing the investigation if the police officer filed charge sheet than court will send summon at that stage you can intimate your employer about the case.
Answer #2
733 votes
Hi it is not necessary for the employee to reply or answer his senior when he has got 41 a notice as that is only for cooperative during the investigation he is framed for any charge neither he has been convicted

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