what is 41a notice

1 year ago 48
Nature

Section 41A of the Criminal Procedure Code (CrPC) is a legal provision in India that requires a police officer to issue a notice of appearance to a person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he/she has committed a cognizable offense. The notice directs the person to appear before the police officer or at such other place as may be specified in the notice. The police officer must issue the notice in all cases where the arrest of a person is not required under the provisions of sub-section (1) of Section 41 CrPC. The notice of appearance must be served on the accused within two weeks from the date of institution of the case. The purpose of Section 41A is to prevent unnecessary arrests and protect the interests of the accused. If the person fails to comply with the terms of the notice or is unwilling to identify himself/herself, the police officer may, subject to such conditions as may be prescribed by law, arrest him/her.