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Ziaur Rahman (ACP)     02 April 2023

Notice under section 41a cr.p.c

Can a police officer summon a 93-year-old father of an accused person under section 41A of the Criminal Procedure Code to his police station for questioning in an F.I.R case that names his son as Mr. XYZ and other unidentified individuals but does not name him as an accused person?


 9 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 April 2023

Unless the old aged person is unsound mind. Summons can be issued. under 1[41A. Notice of appearance before police officer.-- (1) 2[The police officer shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

1 Like

Shakti Maan (lawyer at Supreme Court delhi 9650334626)     02 April 2023

yes, police officer can summon a 93 yr old father of the accused but if the condition of the father is not good to go hospital then police come to father's place with 41A notice and ask regarding the case.

The Supreme Court in the landmark judgment of Arnesh Kumar vs State Of Bihar & Another, (2014) 8 SCC 273 has laid down that no arrest should be made only because the offense is non-bailable and cognizable and therefore, lawful for the police officers to do so.
The existence of the power to arrest is one thing, the justification for the exercise of it is quite another. Apart from power to arrest, the police officers must be able to justify the reasons thereof. No arrest can be made in a routine manner on a mere allegation of commission of an offense made against a person. It would be prudent and wise for a police officer that no arrest is made without a reasonable satisfaction reached after some investigation as to the genuineness of the allegation.

2 Like

Sai Sruthin Rao   02 April 2023

Hello Rahman....

Section 41a notice deals with notice of appearance before the police.It applies to the persons on whom a complaint  has been made or a suspicion exists.

 As per your query, it appears  the father of the accused is to be summoned to enquire regarding his son's involvement in alleged offence.

So,Police have to summon the person who are acquainted with the facts of the case under section 160 of Crpc for enquiry.

Now, as per your query....

whether a 93 years old person can be summoned to the police station for investigation...


The section says,The police cannot summon the person who is less than 15 years and above 65 years, a woman or a person with disability or unsound mind.

The police have to go the house or place of such person for enquiry.

In your case, It can be challenged. You can file a writ before the Hon'ble Highcourt.


Ziaur Rahman   03 April 2023

Thank you very much for your correct opinion. 

T. Kalaiselvan, Advocate (Advocate)     03 April 2023

As per Section 41 A of the Code of Criminal Procedure  if any police officer requires the participation of any individual who is not requiredto be fundamentally arrested under Section 41(1) of Cr.P.C. or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, the official can give a notice for the equivalent.

The individual to whom the Notice is served is obliged to show up at the specified place and time. The individual confirming to the Notice will not be arrested except if in any case considered fit by the Police for which the official is duty-bound to record reasons in writing. Inability to consent to the Notice is a ground for arrest.

1 Like

Dr J C Vashista (Advocate)     03 April 2023

Very well analysed, opined and advised by experts herein above.

Answer to your question is "Yes" father of the accused can be summoned when the IO find that he is competent.

P. Venu (Advocate)     03 April 2023

Yes, the said person, in spite of the age, is required to comply with the notice unless there are convincing physical and mental disabilities. 

Provsions of Section 160 relate to a different context relating to witnesses. 

160. Police officer' s power to require attendance of witnesses.

(1) Any police officer, making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required: Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.

Siddharth Srivastava (Advocate)     08 April 2023

Yes, police has power to issue notice under section 41 cr.p.c calling an old person aged 92 years for investigation. As duch tuere is no bar or prohibition nor old age give any immunity. 









Sudhir Kumar, Advocate (Advocate)     14 April 2023

What are full facts of the case.

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