The purpose of the Notice under Section 41A CrPC to the accused is to summon for joining the investigation and a compliance of such a notice is mandatory.
Section 41A CrPC
– (1) 2[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.
3[(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.
Notice under Prevention of Money Laundering Act or PMLA
Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 and Satender Kumar Antil v. CBI, (2022) 10 SCC 51]…” The Hon’ble Court has clearly stated that there cannot be any forceful compliance as under Section 41A CrPC is not necessary as when a provision is already present under the prevention of money laundering Act ,2002.
IS ISSUANCE OF NOTICE REQUIRED UNDER Section 41A CrPC NECESSARY BEFORE ARREST?
This question is very frequently asked and the answer itself is there in the section itself as when the police does not think it necessary to arrest it serves a notice under the aforesaid section.
In Conclusion for 41A CrPC
It is important that one should comply with a notice served by the Police officer under Section 41A CrPC also called the code of criminal procedure ,1973 for smooth investigation.
For more information on Section 41A CrPC kindly reach us here
You may also call at 9870447987
