As per Section 41 A of the Code of Criminal Procedure (hereinafter, ‘Cr. P.C.’), if any police officer requires the participation of any individual who is not required to be fundamentally arrested under Section 41(1) of Cr.P.C. or 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 offense, the official can give notice for the equivalent.
The individual to whom the Notice is served is obliged to show up at the specified place and time. The individual confirming to the Notice will not be arrested except if in any case considered fit by the Police for which the official is duty-bound to record reasons in writing. Inability to consent to the Notice is a ground for arrest.
This section acts as a helping aid ensuring clear and apt disposal of justice. As per the language of the section, in case a false and frivolous complaint has been made against a person, this section can be used to prevent the innocent from falling as bait to the law and concerned authorities in the sense that he can use or seek the help of any such person whose involvement could be sought for to prove the innocence of the accused by way of giving statement, ensuring a credible witness in the favour of innocent person wrongly inflicted as an accused in a case.
Thus, a basic knowledge active instinct of a person can save him from a bunch of frivolous litigations and can help them stay litigation free.
to issue 41A, whether we should go to the police station or police has to come to our home to serve 41A and to record our statements. Please provide some knowledge about it.
in fact,, we received a call from police station, which is from different city.
and i have been asked to attend to serve the notice. Is it required to attend or they have to come me to serve the notice
Ask them politely to send a copy of the 41a to you