41a crpc

Guest (Querist) 10 October 2012 This query is : Resolved
In what way 41a crpc helps in 498a?

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prabhakar singh (Expert) 10 October 2012
PUT SUBJECTIVE AND NOT AN OBJECTIVE QUERY.

Guest (Expert) 10 October 2012
State the real problem with appropriate background.

Guest (Querist) 10 October 2012
My planning is to file divorce case and 406 case on my wife.
Hoping she will go for 498a thus asking what is the benefit of 41a crpc in 498a?

prabhakar singh (Expert) 10 October 2012
STILL UNCLEAR QUERY.

R.K Nanda (Expert) 10 October 2012
academic query.

Guest (Querist) 10 October 2012
Ok, No issue tring to repeat again.
In 498a there can not be direct arrest after FIR, after 41a crpc amendment.
Does this mean court will send summons and after that one will go to judicial custody?
Sri Prabhakar can bring skin with hair.
I hope he will surely give positive reply.

Devajyoti Barman (Expert) 11 October 2012
It is hardly followed in most part of India. Be prepared for Police raid unless you obtain AB in the meantime.

Guest (Querist) 12 October 2012
Is this the money matter in arrest?
If girl family gives money than Police person arrest.

PARTHA P BORBORA (Expert) 12 October 2012
there is no money matter as 498 A IPC is a nonbailable offence. If there is a case registered under Section 498 A, police will arrest you if there is no pre arrest bail.

Guest (Querist) 12 October 2012
What is pre arrest bail?

Tajobsindia (Expert) 17 October 2012
1. Under S. 41CrPC, a police officer could arrest a person for a cognisable offence without an order from a magistrate and without a warrant.

2. But once the new Amendment comes into force, police cannot blatantly arrest people for cases ranging from economic offences and dowry harassment (S. 498a IPC / S. 406 IPC, DP Act) where the punishment is less than seven years.

3. The amended S. 41A says that the police officer should issue a notice summoning suspects and can arrest them only if they do not appear or accept the notice.

4. The new Amendment also says that the police cannot arrest a person involved in a non-cognisable offence without a warrant. Further, names of arrested persons should be displayed on the notice boards of police control rooms in all districts.

5. The amendments entitle the arrested person to meet an advocate of his choice during interrogation.

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