CrPC 41A - Notice of appearance before police officer Archives - Shades of Knife

Life Cycle Stages of a Criminal Writ Petition Before a High Court

Suprajaa Rajan — Thu, 07 May 2026 09:36:12 +0000

A Step-by-Step Guide to Criminal Writ Proceedings Under Indian Law Understanding the procedural journey of a criminal writ petition helps individuals protect their fundamental rights, challenge illegal actions, and seek urgent judicial intervention from the High Court. A criminal writ petition is an extraordinary constitutional remedy that a person may invoke when illegal detention, abuse […]

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Bail for Senior Citizens in Matrimonial Cases – Legal Strategy & Safeguards

Suprajaa Rajan — Sun, 03 May 2026 07:04:11 +0000

Matrimonial disputes often result in criminal complaints—particularly under provisions like cruelty or dowry harassment—where multiple family members, including elderly parents, are implicated. However, courts have increasingly recognised that senior citizens require special consideration due to their age, health, and limited involvement in marital conflicts. As a result, bail jurisprudence in India has evolved to provide […]

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Arrest and Custodial Procedure Explained

Suprajaa Rajan — Sun, 22 Mar 2026 16:56:53 +0000

Arrest and custodial procedure form a critical part of criminal law, as they directly impact the personal liberty of an individual. The law, therefore, carefully regulates the power of the police to arrest and detain a person while ensuring that constitutional safeguards and procedural protections are strictly followed. Under Indian law, the procedure relating to […]

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Tavaragi Rajashekhar Shiva Prasad Vs State of Karnataka and Ors on 19 Jul 2024

ShadesOfKnife — Tue, 03 Sep 2024 19:15:38 +0000

A single judge of Karnataka High Court (Bengaluru Bench) held that along with notice under 41A CrPC (Section 35 BNSS), a copy of the FIR must be sent along. From Para 9, This notice does have clarity as to why the petitioner is being summoned. The matter could be disposed of recording the fact that […]

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Satender Kumar Antil Vs CBI and Anr on 11 Jul 2022

ShadesOfKnife — Tue, 12 Jul 2022 05:40:55 +0000

A division bench of Apex Court passed the following guidelines with respect to Arrest and Bails From Para 24, 24.Section 41A deals with the procedure for appearance before the police officer who is required to issue a notice to the person against whom a reasonable complaint has been made, or credible information has been received […]

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Jagdish Shrivastava Vs State of Maharashtra on 11 Mar 2022

ShadesOfKnife — Mon, 21 Mar 2022 07:56:14 +0000

Supreme Court deprecated such practice of the Police Officer in taking the petitioners into custody without compliance of Section 41(A) Cr.P.C. Counsel for the petitioners submits that no notice under Section 41(A) Cr.P.C was ever served and after this fact came to the notice of the Investigating officer that SLPs have been preferred by the […]

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M.A Khaliq and Ors Vs Ashok Kumar and Anr on 15 Sep 2021

ShadesOfKnife — Sat, 05 Mar 2022 15:07:23 +0000

A three-judge full bench of Apex Court held as follows. The report of the Metropolitan Sessions Judge, after due inquiry into the matter sets out the factual details of the matter. The report indicates that the contempt petitioner was not only summoned to Akividu Police Station in the name of counseling but was also detained. […]

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Vimal Kumar Vs State of U.P. on 28 Jan 2021

ShadesOfKnife — Tue, 02 Feb 2021 16:56:25 +0000

Based on Arnesh Kumar and Manav Adhikar, Allahabad High Court discussed the meaning and import of Sec 41A of CrPC and passed directions not to arrest accused automatically in 498A IPC cases. Citations : Other Sources : https://www.barandbench.com/news/litigation/pained-unnecessary-arrest-allahabad-high-court-comply-with-section-41-crpc https://lawsisto.com/legalnewsread/OTYwNQ==/Guidelines-directing-strict-compliance-with-Section-41-CrPC-issued-by-Allahabad-High-Court https://www.latestlaws.com/latest-news/while-explaining-amended-meaning-of-section-41-cr-p-c-high-court-passes-several-direction-to-stop-the-routinely-and-arbitrary-arrests-read-order/

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Roshni Biswas Vs State of West Bengal and Anr on 28 Oct 2020

ShadesOfKnife — Mon, 16 Nov 2020 20:43:24 +0000

Supreme Court sensed that, there is a need to ensure that the power under section 41A is not used to intimidate, threaten and harass. Thereafter, granted an ad-interim stay on High Court order compelling the petitioner to appear before Police u/s 41A CrPC.

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Jangala Sambasiva Rao Vs State of AP and Anr on 28 Oct 2020

ShadesOfKnife — Sat, 14 Nov 2020 08:45:57 +0000

Justise Lalitha Kanneganti held that there is violation of Guidelines issued in Arnesh Kumar in effecting an arrest without complying with 41A CrPC procedure and held demanded reports from both Police belonging to concerned PS and also the Magistrate who mechanically issue Judicial custody. A complete indexed and mess-wise segregated collection of reprimands received by […]

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