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Code of Criminal Procedure, 1973 · Chapter V: Arrest of Persons

Section 41A: Notice of appearance before police officer

The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Now in the BNSS section 35 (When police may arrest without warrant)

In plain words

Where arrest is not required under section 41, the police officer must issue a notice asking the person suspected of a cognizable offence to appear before them. The person must comply, and if they do, they cannot be arrested unless the officer records reasons for needing to arrest them.

  • If the person fails to comply or refuses to identify themselves, the officer can arrest them, subject to any court orders.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

(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.]

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Understanding this section

Section 41A requires the police, where arrest is not required under section 41(1), to issue a notice of appearance instead. As long as the person complies, he is not to be arrested unless the officer records reasons why arrest has become necessary.

How it works

  • The officer must issue a notice in all cases where arrest is not required under section 41(1).
  • The person must comply and appear as directed.
  • While he complies, he cannot be arrested except for recorded reasons.
  • If he fails to comply or refuses to identify himself, he may be arrested, subject to court orders.

Mandatory, not optional

The words were changed in 2010 from may to shall. Issuing a notice is the default for offences where arrest is not necessary, especially those punishable up to seven years.

Consequences of breach

Non-compliance with sections 41 and 41A entitles the accused to bail, and the Supreme Court has directed States to frame standing orders for section 41A procedure.

Key Supreme Court rulings

  • Satender Kumar Antil v. Central Bureau of Investigation 2022 INSC 690

    All States and Union Territories were directed to frame standing orders to comply with section 41A, to curb unwarranted arrests and the clogging of courts with bail applications.

  • Arnesh Kumar v. State of Bihar 2014 INSC 463

    Where arrest is not required under section 41(1), the police must issue a notice under section 41A; a person complying with it should not be arrested save for recorded reasons.

Common mistakes

  • Treating the notice as discretionary.
  • Arresting a person who is complying with the notice without recording reasons.

Read with: Section 41 CrPC, Section 35 BNSS

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the section 41A