Section 41A of the CrPC |

Section 41A of the CrPC


∙ Recently, the Bombay High Court termed the Section 41A of the Criminal Procedure Code (CrPC) as ‘Abuse of Power’.

About the Section 41A of the CrPC, 1973:

∙ It is a significant provision that regulates the process of arrest in India.

∙ It was introduced to avoid routine arrests.

∙ It provides for the requirement of a notice to be sent by the investigating agencies before making an arrest in certain conditions prescribed by the Code.

∙ It empowers a police officer conducting a probe to issue notices to people connected to the case, directing them to appear before him.

∙ If the person concerned complies with the notice, they shall not be arrested unless there are specific reasons, which have to be recorded in writing by the police officer.

The Guidelines on Arrests:– The Supreme Court of India has laid down guidelines on arrests and bail orders to ensure strict compliance with the provisions of Section 41 and 41A of the CrPC.A. Section 41 of CrPC provides the circumstances in which an arrest can be made by the police without a warrant.– These guidelines are intended to ensure that the rights and liberties of individuals are protected during the arrest process.
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