These sections were modified in amendment to CrPC (Criminal Procedure Code) in 2010 to minimize abuse of powers of arrest by police, especially in cases like IPC 498a, which being a cognizable offence didn’t need a warrant for arrest. Nothing much has happened in reality, because in India you need to prescribe a penalty if you want a rule to be followed. With the latest judgment by Supreme Court to curb automatic arrests under IPC 498a (and other crimes punishable up to 7 years), scope for such penalties has been opened.
Update Sep 9th, 2015: (Note: if you find this update difficult to understand, there’s nothing to worry). There was some confusion about Repealing and Amending (Second) Act, 2015 (PDF) which supposedly repeals the The Code of Criminal Procedure (Amendment)Act, 2010 NO. 41 OF 2010[21st September, 2010] (PDF). As per excellent and detailed explanation in this article, the repeal of amending acts is merely technical in nature, and so this recent repealing and amending act will not remove or repeal the amendment 41 of 2010 in CrPC, and those insertions made in original act will continue as intended. So to cut the long story short, there is no modification or repealing of Section 41 and 41A of CrPC by the Repealing and Amending (Second) Act, 2015.
The bare act of CrPC 41, 41a, 41b clauses
41. When police may arrest without warrant .- (1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person—
*[(a) who commits, in the presence of a police officer, a cognizable offence;
(b) 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 punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:-
(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;
(ii) the police officer is satisfied that such arrest is necessary- (a) to prevent such person from committing any further offence; or (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing.
**[Provided that a police officer shall, in all cases where the arrest of a person is not Required under the provisions of this sub-section, record the reasons in writing for not making the arrest.]
(ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence;”’
*[sub-clauses (a) and (b) substituted by Code of Criminal Procedure Amendment act, 2008]
**[Proviso to sub-clause (b) inserted by Code of Criminal Procedure Amendment Act, 2010]
*[(2) Subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.” }
Read my maintenance book (DV and CrPC 125) if you want to save HARD EARNED money. Use coupon code MenToo to get 52% discount and help it win Sales Contest to promote #MenToo awareness. (Kindle eBook version) (Print Paperback version)
Download my free PDF eBook Surviving the Legal Jungle
Don't be a lone ranger... JOIN our Facebook group to connect
Read this FREE eBook written by fathers involved in child custody issues(PDF book)
*[sub-clause (2) substituted by Code of Criminal Procedure Amendment act, 2008]
*[41A. Notice of appearance before police officer. – (1) 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) 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.”
*[Clause 41A Inserted by Code of Criminal Procedure Amendment act, 2008 and sub-clause (1) further modified by Code of Criminal Procedure Amendment act, 2010]
**[sub-clause (4) substituted by Code of Criminal Procedure Amendment act, 2010]
41B. Procedure of arrest and duties of officer making arrest Procedure of arrest and duties of officer making arrest. – Every police officer while making an arrest shall-
(a) bear an accurate, visible and clear identification of his name which will facilitate easy identification;
(b) prepare a memorandum of arrest which shall be-
(i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made;
(ii) countersigned by the person arrested; and
(c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest.
*[Inserted by Code of Criminal Procedure Amendment act, 2008]