Code of Criminal Procedure, 1973 · Section 41A

CrPC 41A in BNSS: Sections 35(3), 35(4), 35(5) and 35(6)

Section 41A of the Code of Criminal Procedure, 1973 corresponds to Sections 35(3), 35(4), 35(5) and 35(6) of the Bharatiya Nagarik Suraksha Sanhita, 2023. CrPC 41A deals with notice of appearance before police officer. BNSS 35 brings it together with CrPC 41. BNSS 35(7) is new, with no CrPC counterpart. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024, replacing the CrPC.

Code of Criminal Procedure

CrPC 41A is now BNSS 35(3), 35(4), 35(5) and 35(6).

Notice of appearance before police officer · BNSS 35 brings it together with CrPC 41. BNSS 35(7) is new, with no CrPC counterpart.

Merged
34% of the old wording kept
Old · CrPC 1973 · Ch. V
s. 41A
Notice of appearance before police officer
(1) 3[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[(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.]
Text from the official India Code PDF
New · BNSS 2023 · Ch. V
s. 35(3)of section 35
When police may arrest without warrant.
(3) The police officer shall, in all cases where the arrest of a person is not required under sub-section (1) 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.
Text from India Code

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