Notice Under 41A CrPC also called Notice of appearance before police officer or notice to appear before Police officer.It is always advisable to comply with the Notice issued under Section 41A of the Code of Criminal Procedure, 1973. It also means joining investigation in response to the notice issued under Section 41 A CrPC.
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.
(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.
3[(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.
Important Judgments on Notice Under 41A CrPC
The Hon’ble Supreme Court in V. SENTHIL BALAJI vs THE STATE REPRESENTED BY DEPUTY DIRECTOR AND ORS. THE STATE REPRESENTED BY DEPUTY DIRECTOR AND ORS. in CRIMINAL APPEAL NOS. 2284-2285 of 2023 has clearly stated that while dealing with SECTION 41A OF THE CODE OF CRIMINAL PROCEDURE, 1973 VIS-À-VIS SECTION 19 OF THE PREVENTION OF MONEY LAUNDERING ACT, 2002:
Due interpretation of the provision of Notice Under 41A CrPC of utmost importance has been given by this Court on more than one occasion [Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 and Satender Kumar Antil v. CBI, (2022) 10 SCC 51]…” The Hon’ble Court further stated that “In the absence of any mandate, one cannot force the Authorized Officer to ensure due compliance of Section 41A of the CrPC, 1973 especially when a clear, different and distinct methodology is available under the PMLA, 2002. Following Section 41A of the CrPC, 1973 for an arrest under the PMLA, 2002 would only defeat and destroy the very inquiry/investigation under the PMLA, 2002.”
Notice Under 41A CrPC is although mandatory on most occassions however under the Prevention of money laundering Act is it not so .
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