Procedure for issuance of
notices/order by police officers under Sections 41A
Police officers should be mandatorily required to
issue notices under Section 41A Cr.P.C (in the prescribed format) formally to be
served in the manner and in accordance with the terms of the provisions
contained in Chapter VI of the Code. Since there is no prescribed format of
notice under section 41 –A Cr.P.C. the Delhi High Court prescribed the
following format which can be used for issuing notice under section 41-A Cr.P.C
while disposing a writ petition viz. AMANDEEP SINGH JOHAR vs STATE OF NCT OF DELHI & ANR W.P.(C)
7608/2017 Dated
7th February, 2018
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“ MODEL SECTION 41A Cr.P.C NOTICE”
Sr.No………….
Police Station ……………..
To,
[Name of Accused/Noticee]
[Last Known Address]
[Phone No./Email ID (if
any)]
*Case Crime
No.--------------
NOTICE UNDER SECTION 41(A) CR.P.C.
In exercise of the powers conferred under subsection
(1) of section 41A of Cr.P.C., I hereby inform you that during the
investigation of FIR/Case No. ………………. dated ………. u/s …………registered at SV
& ACB Police Station ……………., it is revealed that there are reasonable
grounds to question you to ascertain facts and circumstances from you, in
relation to the present investigation. Hence you are directed to appear
before me at ……. am/pm on …… at ……….Police Station.
You are directed to comply
with all and/or the following directions :-
(a)You will not commit any
offence in future.
(b)
You will not tamper with the evidences in the case in any manner whatsoever.
(c)
You will not make any threat, inducement, or promise to any person acquainted
with the fact of the case so as to dissuade him from disclosing, such facts
to the court or to the police officer.
(d)
You will appear before the Court as and when required/directed.
(e)
You will join the investigation of the case as and when required and will
cooperate in the investigation.
(f)
You will disclose all the facts truthfully without concealing any part
relevant for the purpose of investigation to reach to the right conclusion of
the case.
(g)
You will produce all relevant documents/material required for the purpose of
investigation.
(h)
You will render your full co-operation/assistance in apprehension of the
accomplice.
(i)
You will not allow in any manner destruction of any evidence relevant for the
purpose of investigation/trial of the case.
(j) Any other conditions,
which may be imposed by the Investigating Officer/SHO as per the facts of the
case.
Failure to
attend/comply with the terms of this Notice, can render you liable for arrest
under Section 41A(3) and (4) of CrPC.
[Signature]
[Name and Designation]
[affix seal]
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Sr.No. ………..
*Case Crime
No.--------------
*Police
Station.--------------
ACKNOWLEDGEMENT
In compliance with the abovementioned notice dated
……. issued under Section 41A CrPC, the Noticee has appeared on ………… from
……….. to …………… That the Noticee’s presence has been recorded in the register
to be maintained by the Police Station………………
This acknowledgement is being issued in compliance
with Section 41A Cr. P. C. The documents produced by the noticee have duly
been seized vide seizure memo/production memo (copy enclosed).
The noticee undertakes to continue to comply with
any further notices that she/he may receive during the course of the present
investigation.
[Signature of
Accused]
[Signature of IO]”
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Can summon u/s,41 a crpc be served in an offence whose imprisonment is more than 7 years?
ReplyDeleteFrom a plain reading of section 41 A it appears that notice can be issued even in the cases where punishment is more than seven years because section 41 A uses the words" in all cases where arrest is not required under subsection (1) of section 41 & subsection (1) includes all the cases including clause (ba) where punishment is more than 7 years. but in cases of more than seven years punishment no restriction is placed on arrest while in case of less than 7 years or up to seven years, restriction are imposed. So the intention of legislature behind the enactment of section 41 A Cr.P.C. appears to be for those cases where punishment is up to seven years.
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