Civil Procedure Code (CPC)

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ashok kumar (Social Worker)     06 October 2014

Procedure for calling the accused for investigation by polic

Procedure for calling the accused for Investigation by Police

Prior to the Insertion of the Section 41-A in the CrPC, (which became effective in Nov 2011), what was the procedure adopted by the Police to call / summon for Investigation a person accused of cognizable offence, in cases where the arrest as per Section 41 was not considered necessary by the Police!

Please give the relevant Law (Sections)and case citations



 5 Replies

partha mukherjee (Inspector of police)     06 October 2014

prior to insertion of 41A Crp.c police use to call people simply by sending notice u/s 160 Cr.pc.

ashok kumar (Social Worker)     07 October 2014

Thank U Parthaji, But Section 160 deals with the summoning of the witness and not the accused! What do u say! And that section is even now used for summoning witnesses and not the accused!

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 October 2014

Dear Querist

Section 41A of Cr.P.C is itself a procedure for issue Notice to call the Accused

41 A. Notice of appearance before police officer. — “(1) The police officer may, 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. 

(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. 

(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. 

(4) Where such person, at any time, fails to comply with the terms of the notice, it shall be lawful for the police officer to arrest him for the offence mentioned in the notice, subject to such orders as may have been passed in this behalf by a competent Court. 


Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 October 2014

Before This section the police may call the accused or any other person after issue a Notice u/s 160 of Cr.P.C

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 1["under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically disabled person"] shall be required to attend at any place other than the place in which such male person or woman resides.

(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.

S.B.adil rahman (Legal Consultant )     18 October 2019

What is the remedy when the police officer after calling the suspect u/s 41A cr.P.C and after examining him refuses to acknowledge the attendance in compliance to the Notice of Appearance? DCP, ACP and Inspector in Charge of the P.S are aware of the mischief but not providing any relief. When the suspect moved petition u/s 438 Cr.PC then the I.O told to the court that the suspect did not comply with the Notice of Appearance and demanded custody of the suspect. Please inform me the way out. Should the suspect file a complaint in the Court u/s166A(b) I.P.C against the I.O and the SHO?


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