41A crpc

Hello,

 

Section 41a provides for the arrest of a person as per competent court orders who fails to comply with the said section. 

As per your concerns!

Section 41 A Criminal Procedure Code, 1973 makes it clear that where the arrest of the person is not required under section 41(1) Cr. PC, the police officer is required to issue a notice directing the accused to appear before him at a specified place and time.

The law obliges such an accused to appear before a police officer and it further mandates that if such an accused complies with terms of the notice he shall not be arrested unless, for reasons to be recorded, Polic officer thinks that the arrest is necessary. At this stage, condition precedent for arrest as envisaged under section 41 CrPC has to comply and shall be subject to the same scrutiny by the magistrate.

It was held that Rini Johar vs. State of Madhya Pradesh(2016)

Hope it helps!
Regards
Minakshi Bindhani