what is 41 a notice

Section 41A of the Criminal Procedure Code (CrPC) is a legal provision in India that provides for a notice of appearance before a police officer. It was added to the Code by the Code of Criminal Procedure (Amendment) Act, 2008, to prevent unnecessary arrests and protect the interests of the accused. Under this section, a 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 CrPC, 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. The notice of appearance must be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing. Failure to comply with the directions would result in police officers being liable for departmental action and contempt of court. The notice of appearance is aimed at promoting transparency in the system and saving the accused from unnecessary arrest.