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Can police issue 41A CRPC/BNS 35 if my wife has filed BNS 89


10-Dec-2025 (In Divorce Law)
Sep'25 12th - I filed divorce in Delhi 14th - wife's family gave death threats to my nana, mama in Bihar (she resides there since Dec'24, got married in Dec'23) & on call to my father in Bhopal 16th - My father registered a complaint with Bhopal police Oct'25 19th - My wife filed false FIR in Hajipur mahila thana against me and my family including my nana and mama, sections include - BNS 89, 85, 352, 3(5), 126(2), 115(2) Can police issue 41A notice without removing BNS 89?
Answers (2)

Answer #1
517 votes
sir basically police sent notice for the offence punishment upto 7 years, in case of 89 & 85 you will have to take anticipatory bail first. I would suggest you to take bail and then proceed for further. as you can receive notice from police officials but chances are less. I would like to suggest you to contact me for further details. Thanks
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Advocate Divya Kiran

Adv. Divya Kiran

LawRato Patna | 50+ Answers
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Answer #2
637 votes
Hello reader, Yes, the police can legally issue a notice under Section 41A even without removing Section 89 BNS from the FIR, provided the statutory conditions for arrest are not satisfied. The issuance of a 41A notice does not validate the allegations, nor does it prejudice the accused’s right to challenge the FIR and the applicability of the sections invoked. Remedy lies in: Anticipatory Bail Thankyou Advocate Piyush Kumar P&P Law Chambers
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Advocate Piyush Kumar

Adv. Piyush Kumar

LawRatoPatna | 25+ Answers
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