Section 41A of CrPC : Section 41A: Notice of appearance before police officer.

Explanation using Example

Example 1:

Scenario: Rajesh, a shop owner in Mumbai, receives a notice from the local police station.

Details: Rajesh has been accused of selling counterfeit goods. The police have received credible information about this activity. However, they do not have enough evidence to arrest him immediately under Section 41(1) of the Code of Criminal Procedure, 1973.

Application of Section 41A:

1. Notice Issued: The police issue a notice to Rajesh under Section 41A, directing him to appear at the police station for questioning.
2. Compliance: Rajesh receives the notice and appears at the police station on the specified date and time.
3. No Arrest: Since Rajesh complies with the notice, he is not arrested. The police question him and gather more information about the alleged offence.
4. Further Action: If Rajesh continues to comply with the investigation, he will not be arrested unless the police find new evidence that necessitates his arrest, and they record the reasons for such an arrest.

Example 2:

Scenario: Priya, a college student in Delhi, is suspected of being involved in a cybercrime.

Details: The police receive a complaint that Priya has been involved in hacking into a university's database. They have reasonable suspicion but not enough evidence to arrest her immediately.

Application of Section 41A:

1. Notice Issued: The police issue a notice to Priya under Section 41A, asking her to appear at the cybercrime unit for questioning.
2. Compliance: Priya receives the notice but fails to appear on the specified date.
3. Failure to Comply: Since Priya does not comply with the notice, the police now have the authority to arrest her for the offence mentioned in the notice, subject to any orders from a competent court.
4. Arrest: The police arrest Priya for failing to comply with the notice and proceed with the investigation.

Example 3:

Scenario: Anil, a software engineer in Bangalore, is suspected of embezzling funds from his company.

Details: The police receive credible information that Anil has been transferring company funds to his personal account. However, they do not have enough evidence to arrest him immediately.

Application of Section 41A:

1. Notice Issued: The police issue a notice to Anil under Section 41A, directing him to appear at the police station for questioning.
2. Compliance: Anil receives the notice and appears at the police station on the specified date and time.
3. No Arrest: Since Anil complies with the notice, he is not arrested. The police question him and gather more information about the alleged offence.
4. Further Action: If Anil continues to comply with the investigation, he will not be arrested unless the police find new evidence that necessitates his arrest, and they record the reasons for such an arrest.

Example 4:

Scenario: Sunita, a homemaker in Chennai, is suspected of being involved in a neighborhood theft.

Details: The police receive a complaint that Sunita has been involved in a series of thefts in her neighborhood. They have reasonable suspicion but not enough evidence to arrest her immediately.

Application of Section 41A:

1. Notice Issued: The police issue a notice to Sunita under Section 41A, asking her to appear at the local police station for questioning.
2. Compliance: Sunita receives the notice but is unwilling to identify herself when she appears at the police station.
3. Failure to Identify: Since Sunita is unwilling to identify herself, the police now have the authority to arrest her for the offence mentioned in the notice, subject to any orders from a competent court.
4. Arrest: The police arrest Sunita for failing to identify herself and proceed with the investigation.