Section 41 - CrPC

see also : Arrest , Arrest – Power to arrest

No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person

Arrest - Power to arrest - We believe that no arrest should be made only because the offence is non-bailable and cognizable and therefore, lawful for the police officers to do so - The existence of the power to arrest is one thing, the justification for the exercise of it is quite another - Apart from power to arrest, the police officers must be able to justify the reasons thereof - No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person - It would be prudent and wise for a police officer that no arrest is made without a reasonable satisfaction reached after some investigation as to the genuineness of the allegation - CrPC, Section 41(1)(b) .2104 SCeJ 001

Power to arrest – Notice

CrPC, Section 41(1)(a) to (e) - Arrest - Power to arrest – Notice - In all cases where the arrest of a person is not required u/s 41(1), Code of Criminal Procedure, the police officer is required to issue notice directing the accused to appear before him at a specified place and time - Law obliges such an accused to appear before the police officer and it further mandates that if such an accused complies with the terms of notice he shall not be arrested, unless for reasons to be recorded, the police office is of the opinion that the arrest is necessary - At this stage also, the condition precedent for arrest as envisaged u/s 41 Code of Criminal Procedure has to be complied and shall be subject to the same scrutiny by the Magistrate as aforesaid. 2104 SCeJ 001

Practice of mechanically reproducing in the case diary

CrPC, Section 41 - The practice of mechanically reproducing in the case diary all or most of the reasons contained in Section 41 Code of Criminal Procedure for effecting arrest be discouraged and discontinued. 2104 SCeJ 001

Law mandates the police officer to state the facts and record the reasons in writing which led him to come to a conclusion covered by any of the provisions aforesaid, while making such arrest

CrPC, Section 41(1)(a) to (e) - Arrest - Power to arrest - Law mandates the police officer to state the facts and record the reasons in writing which led him to come to a conclusion covered by any of the provisions aforesaid, while making such arrest - Law further requires the police officers to record the reasons in writing for not making the arrest - In pith and core, the police office before arrest must put a question to himself, why arrest? Is it really required? What purpose it will serve? What object it will achieve? It is only after these questions are addressed and one or the other conditions as enumerated above is satisfied, the power of arrest needs to be exercised - In fine, before arrest first the police officers should have reason to believe on the basis of information and material that the accused has committed the offence - Apart from this, the police officer has to be satisfied further that the arrest is necessary for one or the more purposes envisaged by Sub-clauses (a) to (e) of Clause (1) of Section 41 of Code of Criminal Procedure. 2104 SCeJ 001

Existence of the power to arrest is one thing, the justification for the exercise of it is quite another

Arrest - Power to arrest - We believe that no arrest should be made only because the offence is non-bailable and cognizable and therefore, lawful for the police officers to do so - The existence of the power to arrest is one thing, the justification for the exercise of it is quite another - Apart from power to arrest, the police officers must be able to justify the reasons thereof - No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person - It would be prudent and wise for a police officer that no arrest is made without a reasonable satisfaction reached after some investigation as to the genuineness of the allegation - CrPC, Section 41(1)(b). 2104 SCeJ 001