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Oct 16, 2022 · Person committing a cognizable offence in a police officer’s presence. Firstly, under Section 41 (1) (a) of the Code, any police officer may arrest anyone who commits a cognizable offence in his presence. In the said provision, the term “may” denotes the discretionary power of the police officer.
Mar 9, 2024 · Section 41A of the Cr.P.C. is a provision that requires the police to issue a notification to the accused person asking him to appear before the police officer. However, for reasons to be recorded, if the police officer is of the opinion that he ought to be arrested, such person may still be arrested.
41. When police may arrest without warrant. (1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person -. (a) [ who commits, in the presence of a police office, a cognisable offence; [Substituted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 5 (i), for Cls. (a) and (b).
41. When police may arrest without warrant. 41A. Notice of appearance before police officer. 41B. Procedure of arrest and duties of officer making arrest. 41C. Control room at districts. 41D. Right of arrested person to meet an advocate of his choice during interrogation. 42. Arrest on refusal to give name and residence. 43.
Estimated reading time: 1 min. [ 41A. Notice of appearance before police officer. (1) 3 [The police officer shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has ...
Section 41 A orders Notice's issuance to the blamed where the arrest for the individual isn't needed according to Section 41(1).
Sep 16, 2020 · Section 41 of the Code of Criminal Procedure, 1973 (‘CrPC’) lays down the standards for the investigator to satisfy himself/herself on whether to arrest a suspect/accused: “41. When police may arrest without warrant. — (1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person—
1 [ (1) 2 [The police officer shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizabl...
Feb 25, 2023 · Section 41-A CrPC was aimed to avoid unnecessary arrest or its threat looming large on the accused which required to be vitalised. Section 41-A as inserted by Section 6 of the Code of...
Under Section 41A of the Code of Criminal Procedure, 1973, there is a provision for a notice of appearance before a police officer. This provision was inserted through an amendment in 2010 to provide certain safeguards to individuals and reduce unnecessary arrests.
