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Advocate G. Pavan Kumar, LL.B (Advocate , Hyderabad)     25 January 2022

How to send 41a notice to abroad

How to send 41A notice of Police to Outside of India, Eg: USA.

How police will send this Notice, Procedure please?

Can any one in India can Receive this Notice, on behalf of them and Police can examine accused via Zoom call?

if any know, these answers, please share.



Learning

 1 Replies

Aryan Raj   28 January 2022

In response to your query,

You can send the notice broad, the notice shall be addressed to the defendant at the place where he is, and forwarded to him by post, if there is postal contact, if the defendant is outside of India and has no agent in India empowered to accept the service. Foreign defendants who have nominated a local agent for service or engaged into any other agreement authorising service by other means may be exempt from service at an official address.

The Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil and Commercial Matters is signed by Indis. As a result, with effect from August 1, 2007, India's formal manner of service is governed by the Hague Convention, taking into account India's statement or exceptional conditions made while signing the Hague Convention. The following are the declarations made by India when signing the Convention: All service documents must be written in the English language. It is not possible to serve documents by mail. In India, documents must be served indirectly through the relevant authorities. Private judicial officers in India are unable to serve documents directly to defendants under the Hague Convention. The Embassy is a good place to start if you need help.

Regards,

Aryan Raj

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