CrPC Section 41A: Notice of appearance before police officer
Code of Criminal Procedure, 1973 · Chapter 5: Arrest of Persons
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
¶ *[41A. Notice of appearance before police officer. - (1) 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.
¶**[(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."
¶*[Clause 41A Inserted by Code of Criminal Procedure Amendment act, 2008 and sub-clause (1) further modified by Code of Criminal Procedure Amendment act, 2010]
¶**[sub-clause (4) substituted by Code of Criminal Procedure Amendment act, 2010]
Study: explanations and related material
Now BNSS 35(3)-(6) (combined with other sections). CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03), p2
Official reference: Ministry of Home Affairs: historical CrPC reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Section 135 was restored and individually checked against the linked government PDF (pages 75–76) on 2026-10-02; this is not a verification of the whole collection. Schedules and forms are not consolidated here. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 41. When police may arrest without warrant
- 41B. Procedure of arrest and duties of officer making arrest Procedure of arrest and duties of officer making arrest
- 41C. Control room at districts
- 41D. Right of arrested person to meet an advocate of his choice during interrogation
- 42. Arrest on refusal to give name and residence
- 43. Arrest by private person and procedure on such arrest
- 44. Arrest by Magistrate
- 45. Protection of members of the Armed Forces from arrest
- 46. Arrest how made
- 47. Search of place entered by person sought to be arrested
- 48. Pursuit of offenders into other jurisdictions
- 49. No unnecessary restraint
- 50. Person arrested to be informed of grounds of arrest and of right to bail
- 50A. Obligation of person making arrest to inform about the arrest to inform about the arrest, etc., to a nominated person
- 51. Search of arrested persons
- 52. Power to seize offensive weapons
- 53. Examination of accused by medical practitioner at the request of police officer
- 53A. Examination of person accused of rape by medical practitioner
- 54. Examination of arrested person by medical officer
- 54A. Identification of person arrested
- 55. Procedure when police officer deputes subordinate to arrest without warrant
- 55A. Health and safety of arrested person
- 56. Person arrested to be taken before Magistrate or officer in charge of police station
- 57. Person arrested not to be detained more than twenty-four hours
- 58. Police to report apprehensions
- 59. Discharge of person apprehended
- 60. Powers, on escape, to pursue and re-take
- 60A. Arrest to be made strictly according to the Code