Section 41A of CrPC (Criminal Procedure Code)

The Bombay High Court recently highlighted a violation by the CBI of Section 41A of CrPC (Criminal Procedure Code), which allows police officers to issue notices instead of making routine arrests during investigations.

About the Section 41A of the Criminal Procedure Code:

• TheSection 41A of the Criminal Procedure Code allows police officers to issue notices to individuals connected to an investigation, requiring their appearance.
• Under Section 41A, if the individual complies with the notice, arrest is not warranted unless the officer provides specific, written reasons, such as to prevent evidence tampering, further offences, or to ensure a thorough investigation.
• This provision aims to curb routine arrests by the police in situations where custody is not necessary.
• The Supreme Court, in the Arnesh Kumar and Satyendra Kumar Antil cases, emphasized the importance of adhering to Section 41A to avoid unnecessary arrests and casual detention authorizations by magistrates.

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