Mahanthi kishore kumar 04 August 2020

What is the next step for police officer for violation of 41A CrPC notice?

Suppose, if someone not complying with conditions of 41A CrPC notice, what are options available to police officer, they can directly arrest or need to take permission from magistrate? Please explain in detail.

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4 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 04 August 2020

Hello,

If 41A crpc notice is issued in investigation and person did not comply with it then concern police officer can arrest him. Court order is not necesaary.

Sourav Das (Advocate Supreme Court of India) 04 August 2020

Police can arrest him

Mahanthi kishore kumar 04 August 2020

My doubt is , is it necessary to take permission or warrant for arrest from concerned magistrate by explaining the non compliance from accused side, and I also request you to cite few related judgements

{Balu manikantan} SUBRAMANYAM (Practising Advocate) 04 August 2020

what are the sections of law in the FIR. There are instances where the police have remanded the accused to judicial custody after issuing 41A CrPC Notice.

It is the discretion of the police Asking the magistrate to send an accused to Judicail custody to further investigate .

Also police asking for the judical custody depends on the gravity of the offence and the section of law involved.