Section 41A of CrPC : Section 41A: Notice of appearance before police officer.
CrPC
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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:
- Notice Issued: The police issue a notice to Rajesh under Section 41A, directing him to appear at the police station for questioning.
- Compliance: Rajesh receives the notice and appears at the police station on the specified date and time.
- No Arrest: Since Rajesh complies with the notice, he is not arrested. The police question him and gather more information about the alleged offence.
- 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:
- Notice Issued: The police issue a notice to Priya under Section 41A, asking her to appear at the cybercrime unit for questioning.
- **Complianc...
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