crpc 41a: a safeguard from arrest

These areas were changed in alteration to CrPC (Criminal Procedure Code) in 2010 to limit maltreatment of forces of capture by police, particularly in cases like IPC 498a, which being a cognizable offense didn't require a warrant for arrest.

Nothing much has occurred as a general rule, in light of the fact that in India you have to endorse a punishment in the event that you need a standard to be followed.

With the most recent judgment by Supreme Court to control programmed captures under IPC 498a (and different violations culpable as long as 7 years), scope for such punishments has been opened.

Here is the duplicate of warning gave to all states by home service to follow CrPC 41, 41a to check abuse of forces of capture by police

to manage police on the off chance that you dread a marital objection to police, CAW grievance, or FIR under IPC 498A/406/Dowry Prohibition and so on as of now documented against you.  It covers CrPC 41A rules gave by Delhi HC in an Order of Feb, 2017 on a PIL which was recorded. [Click Here to Download]

The bare act of CrPC 41, 41a, 41b clauses

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 officer, a cognizable offence;

(b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:-

(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;

(ii) the police officer is satisfied that such arrest is necessary- (a) to prevent such person from committing any further offence; or (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing.

**[Provided that a police officer shall, in all cases where the arrest of a person is not Required under the provisions of this sub-section, record the reasons in writing for not making the arrest.]

(ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence;”’

*[sub-clauses (a) and (b) substituted by Code of Criminal Procedure Amendment act, 2008]

**[Proviso to sub-clause (b) inserted by Code of Criminal Procedure Amendment Act, 2010]

*[(2) Subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.” }

*[sub-clause (2) substituted by Code of Criminal Procedure Amendment act, 2008]

*[41A. Notice of appearance before police officer. – (1) 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 cognizable offence, to appear before him or at such other place as may be specified in the notice.

(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.

(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.