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.
Update 8-Sep-2014: Here is a latest news from Delhi court to prevent abuse of arrest powers by Punjab police which were in violation of new guidelines issued by Supreme Court.
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.” }
*[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.
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(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]
Is there any provision in IPC or CrPC by which male who flirts with a girl…makes her emotionally attached and then stops communicating with her and then starts using the same tact to dupe another girl and another and so on…???
And also is there any provision against a married male(having a girl child with 11 years of marriage) who play with a girls’ emotion and dupes her by saying that he is not happy with his wife and want to divorce her soon but later changes his stand and leave the girl shattered ???
CrPC is for procedures only.
The simple way to analyze is: Will all these stated things be a crime under IPC if the genders are reversed, viz. a woman is the one doing these things to man: makes him emotionally attached, then dupes him, and moves on to next guy, and so on. Similarly, a married woman having girl child with 11 years of marriage, who plays with a boy’s emotion making him believe she will divorce her husband, leaving him shattered. By the way, I have actually known of a few cases of married women having affair with unmarried men and then harassing them about it, so it’s not just some theory.
What’s good for the goose is good for the gander.
Thank you very much Sir for clearing the doubts.
Is duping someone emotionally considered a crime in IPC??? (irrespective of gender)
And are there remedies available if such emotional duping considered a crime?
No. You an read the IPC, OR just use the guideline that 99.9% of the time UNLESS there is physical, financial, tangible bad effect of any act, it won’t be a crime under IPC. Very few IPC like IPC 509 (outraging modesty of a woman) can be applicable where words or gesture can be a crime. Best remedy from emotional duping is either to become less emotional, or learn not to get duped again and again!
Bonus read:
https://www.quora.com/What-is-the-IPC-section-for-mental-harassment-in-India
I get it Sir. Thank you.
Sir my room runter was did very blunder mistake with very bad persons means bad language and fighting with ous and we asked him what are you doing
He replied go to hell in Telugu (very bad words )
He taken my coler and started fighting with ous he beaten with brick to me
And he also got some small injury that was very small and he is went to corporate hospital and got fake reports and went to PS and given complent that we beaten him
Police sir also taken his words and sent me away to room
After some time the call me and taken signature on form 41 & 41A. Sent me to home with jaamin of my relatives
Iam getting tension
But after a day writer sir came and taken the complete drawing of that place
But that rentur came to home and requested to my father uncle we are taken the complent back … please don’t mind that sorry
But iam getting tension about that form 41. & 41A
It’s not my mistake complete mistake was that rentur his name is Srinu
It seems part of investigation, from now only give sign on something you understand and is true. CrPC 41 notice has to be sent to address, calling person first and getting is signed at PS seems the opposite of what a notice is supposed to achieve. Probably you are one of accused and under the circumstances police wants to make sure their records are complete as to legal formalities.
I had filed 138 NI act at Delhi court in the year 2013 against one of my party located at Jaipur. To ease the pressure of Delhi courts after four years that party had filed an FIR at Jaipur police station with IPC 420, 406, 467, 468, 471, 380 against me.
The Jaipur police called me to join for investigation which I have done once. Now police again want my presence. Should I go again to join investigation or not? If no then does is harmful?
Can police take any action regarding arrest of not?
Regards
Police can call for investigation, but if they use it as a means of harassment like calling again and again without anything new to ask really, then you can complain to higher police authorities.
sir..i got married on 25th dec 2015..my wife is from dandeli karnatak state..after getting married i came down to stay with my parents at solapur(maharastra)she was with me for 4 month during her stay she behaved very rudely with all of us..she has beaten me and harrased my parents..she left for her parental house on 30th june 2016..later she didn’t return..we told her parents about her behaviour and asked them to consult psychiatrist..later she was diagnosed with PERSONALITY DISORDER on 10-1-17 and advised to take medicine and to attend family couselling..to that her parents refused and on 2-3-17 they suddely came with my wife and tried to push her inside of our house to that we refused and while going back they have filed false 498a complaint against me and my parents at solapur police station..with gods grace..police inspector was very good gentleman..he cooperated with us very nicely..now i dont want my wife to put any false complaint against us to harass and i want to avoid her doing so..all we want her to get treatment and can come down to stay with us..is there anything we can do legally to stop them filing false cases at dandeli city or at dandeli police station to harass us ..please advise immidiately what should i do???my marriage was done at dandeli(karnataka)..now she lives with her parents at dandeli and i live with my parents at solapur
If you stayed with wife at dandeli only then she can file complaint there. That’s the theory at least how criminal law is supposed to work. If they do file, you can approach HC for quash based on wrong jurisdiction.
So don’t go to dandeli if you don’t want a case filed at dandeli.
MY SAALA ( BROTHER IN LAW ) MARRIED BEFORE 3 YEARS WITHOUT DEMANDING ANY DOWRY, NO CASH, NO EATING DEMAND FOR OUR GUEST, THE FATHER IN LAW OF MY SAALA IS A IMAM OF A MOSQUE, SO WE DO NOT INVESTIGATE ABOUT HIS DAUGHTER. BUT BEFORE 6 MONTH WE CAUGHT HER TAPPING HER PHONE WITH HER OLD BOYFRIEND VERY NUDE ROMANTIC LANGUAGE AND ABOUT MY SAALA’S MOM AND ABOUT HIS SISTER ( DIVORCED ) SHE SAYS THAT THIS HOUSE IS A HELL FOR HER, BECAUSE MY MOTHER IN LAW IS COMPLETELEY IN BED. WHEN WE CAUGHT HER PHONE TAPE THEN SHE SURRENDERED BUT NOT FEEL GUILTY, MY SAALA HANDED HER TO HER FATHER AND MOTHER AND THE RECORDING OF HER VOICE WITH HER BOYFRIEND PLAY IN HER HOUSE, HE CAN NOT TAKE HER IN MY HOUSE, BECAUSE SHE IS VERY DANGEROUS FOR US, NOW THEY HAVE FILED A CASE 498
AND A LETTER CAME TO MY 3 SAALA’S FROM POLICE STATION TO PRODUCE ON 06.12.2016 AND 09.12.2016 WITH HIS MOTHER WHO IS SUFEERING FROM MANY DESEASE AND CANNOT WALK, NOW WHAT HE WILL DO PLEASE SUGGEST IMMIDIATE
>>NOW WHAT HE WILL DO PLEASE SUGGEST IMMIDIATE
learn to stop using CAPS words to start with.
You can go as per requirement of notice, and if mother can’t go then mention that too. If they want to arrest old woman who can’t walk then they will also be taking risk upon their career. There is no guarantee in these things.
Is Section 41 and 41A of CrPC is applied for a DV case filed by wife, when the husband is not living at the place where the lawyer’s notice is sent, and husband has not received the wife’s lawyer notice. Is it possible for the police officer to arrest the others (4 In this case) mentioned in the lawyer’s notice. Please note that the others mentioned are not living with the said wife from last 17 years. Rather the wife done not live with them from last 17 years and has left the husband parental house on her own will and wish. The case seems to malicious and intended to take monetary benefits from the husband. In this case the wife is highly educated and was working, but has left the job intentionally. The couple has a 21 year old son (who is not working and not studying also, failed in 12th std. 3 times) and is not living with the husband but has preferred to stay with the wife. The case is totally false. Kindly advice.
>>and husband has not received the wife’s lawyer notice. Is it possible for the police officer to arrest the others (4 In this case) mentioned in the lawyer’s notice
Legal notice by OP lawyer under DV Act is not a criminal case unlike IPC 498A/406 etc so there is no need to worry about arrest by police in relation to DV case itself.
However if you fear they could file a police FIR then you can read up on CrPC 41 etc on how to deal with police.
Sir,
My brother made an arrange marriage in dec 2014 and from that time only they are having some dispute in their family life.For some amount of time this dispute was dissolved and they have been blessed with a baby girl in oct 2015After completing all the family function of the his daughter their dispute got started and My brothers wife is threatened us with 498a section.Me my brother and my parents are staying at a joint family.Now I work for a private bank ,if I got arrested I might lose my job..My brother wife left the home after all the functions….Looking for your sugesstion how should our family proceeds…
>>Now I work for a private bank ,if I got arrested I might lose my job..
Why should you get arrested at all if you tell police to follow CrPC 41?
If by any chance police doesn’t follow CrPC 41 and arrests you, then you could also initiate contempt action in HC of your state.. the police guys could get a serious problem in their career.
That is something no one wants to think about — as citizens we have to put fear of law in police too, instead of treating them like em>mai-baap
Hi sir,
I am a software engineer. I usually work on night shift. One fine day, i finished my shift and came home at 3 o clock. I was hungry that time. So i kept my bag in my house and came out in bike to have some coffee. But the police officers asked me why i was going and where i was going. I told them everything and asked me to go home. But i insisted them i was hungry and wanted to have a cup of coffee. So for that, they took me to the station and noted my details under a book and asked me to sign it. They said its a 41 case. And they threatened to put a 75 case on me, if i continue to go out in night like this. Is this legal? Or is this how they put cases? will i get a criminal background? Please explain
CrPC 41 not applicable legally:
http://devgan.in/criminal_procedure_code/section/41/
arrest if done has to have an arrest memo, and your family member or friend has to be informed too. So it can’t be arrest. But not sure what happened… you can file an RTI on PS to get the details… and if they don’t reply file complaint to police commissioner
Does Suicide threats complaint under IPC386 & 389 is beneficial while spouse giving suicide threats again and again OR complaint under CRPC39?
Someone suggested me private complaint under crcp39 to your local magistrate after that your spouse never knew who did this complaint is is true?
Please suggest which one is better approach to safeguard..
None of those sections are applicable according to my reading.
Suicide by wife before 7 years of marriage becomes dowry death IPC 304B. I don’t know of any safeguard
Hello Sir,
I got married in January 2014 at my home town. I was living in delhi from 2004. Now i have shifted to my home town to live with my parents and take care of them( July 2015). She is living in her parents house from past 7 months as she and her parents say they do not have a problem with me or my family but she could not live in a small city (given in writing through email).
Now i want divorce and end this, can you suggest a way?
nope
what happened mr. videv?
if you can not suggest anything and are not approving my comments, i would urge you to kindly delete my first query also alongwith.
Regards
Whatever comments are replied to are not normally deleted. If you are not happy with the reply, you can go elsewhere rather than doing your stalking here.
u have replied me in “one” word. Then delete my next comment and now blaming me of stalking.
Salute for u.
i hope u will show my this comment.
If one word is enough for reply, then one word it will be.
Maybe you should take a print of these comments and frame them on your living room wall!
scrap 498a,it is a cruel low for men and his relatives. no one can pay their respect whose this law have been sent to jail no court can pay their respect and no others.
Good one
Sir,
My nephew got married 2 yrs back and left for USA on H1B visa .His wife joined him about a month later. She started feeling frustrated and depressed there as she could not take up a job as she was on dependent visa.She had a nice job here before marriage which she quit (knowing pretty well what her status will be in USA).
Later she started picking fights with my nephew and stopped doing household work. My brother’s family tried cheering her up and supporting her in what ever manner they could. My nephew took her on vacation to different parts of US. But she came back to India for 6 months on pretext of holidaying and as my nephew’s younger brother is getting married soon ,the elder one will visit India for a month in Dec .Though both my nephew and his wife are in touch through whatsapp and phonecalls but she has not maintained any contact with her in laws in India.Both are scheduled to go back together after a month. In such a scenario my brother is little worried on whether she can take any step (a false FIR or a false case against my nephew ) so as to prevent him from going back to USA ,just to trouble him.
If such a thing happens what can my son do to go back to USA safely?Is there anything we can do in advance ,any precaution which can help us at that time?
We need your advice and help.
Thanks and regards,
If the relations are down to this level, then you can start reading about police procedures, arrest, anticipatory bail, look out circular, bail conditions on travel etc.
respected sir,
i am from gujrat,recently my father was on a business trip and at night abou 8 pm.he reched the station drunk,a policeman misbehaved with him and beat him too..they have also filed an fir against him about misbehaviour with police when the cops themselve wer drunked a lot and was jus harrasing my father.
what actions i can take in this situations???
Sir
I am 32years old doing phd. I know a girl since 2007. She is 30 and belongs to uper cast. We want to get married but girl’s parent do not agree. We both blong to digferent states. We wish to proceed for court marriage. Iwhat should i do for my girl and family protection as there are very much chances that girl’s parent may file FIR or some illifal means to harras me and my family. Please guide if and how can i approach.
Hi sir
We are also suffering from fake dowry case. We were seven members in our family. My sister in law commit suicide due to some reasons. She was guilty. My brother catch her when she was taking to her lover. He talk to her about this but she refused. And after 1 day 24-2-15 morning around 4am she take poison and tell to my brother. Brother inform parents and is about she take poison we took appropriate action. And went to hospital. But still we don’t know about why she do this we just know that there were some issue related to wrong phone call.we get idea of this by analysing the situation. Parents ask brother but he not tell exactly and the situation was also not good to ask such questions at that moment. We were focus on her wife to make her fine. We are unaware of the this situation between them. Everything was normal like daily. Means unexpactable. She died on 24-2-15 at 09:15 am. We inform her parents already before when we get know about this in morning at4 am. They come at around 9am and complained to police of dowry and murder. But we were completely innocent. Next day police came to our home and arrest my brother. And after some days my mother surrender. And me my second elder brother and father was living to other place till police cut out names from the case. We gave them 3 lac for doing this. Now the case is in court and date is 1-5-2015. Please suggest is what to do how to came out of this case and gave punishment to sister in law’s relative who make fake complaint against us.
@. Can we get bail for my mother and brother?
@. How long we get free from this case.
@. Can we take any action against in laws.
@. Police also not follow CrPC 41 etc. They arrest without any investigation.
Please help me we are very very upset due to this fake case. We are innocent.
TARUNRAO1992@GMAIL.COM
It must be 304B dowry death, and as a ‘prudent’ measure; judges deny bail for several months in such cases even up to an year. The criminal jurisprudence being followed is that let people be denied bail for longer time frame based on the severity of the alleged IPC/crime.
304B has max punishment of more than 7 years, so notice for arrest under CrPC 41 not required.
Section 304B in The Indian Penal Code
1[304B. Dowry death.—
(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death. Explanation.—For the purpose of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.]
सर मेरी पत्नी ने मेरे खिलाफ 13 जनवरी 2015 को 498 की complain file की थी और उसके बाद मुझे 19 march 2015 को मुझे जवाब लेने के लिए पोलिस स्टेशन पर सुबह 11 बजे बुलाया गया और वहां मुझे 1 बजे तक मेरे जवाब लेकर मुझे वही बैठने को कहा गया तथा तभी मुझ से मेरी height aur body marks पूछे गए और फिर मुझे कहा गया की आपको यहाँ के police inspector से मिल कर जाना है सो आप बेठिये और फिर उस दिन में वहां पर शाम को 6बजे बेठा रहा फिर शाम 6:30 बजे वहां का PI आता है और वो हमें कहता है की आपके खिलाफ FIT दर्ज हो गयी है तो आपको Arrest किया जाता है और तब मुझे मेरे पिताजी और मेरे अंकल को arrest कर लेते है और फिर अगले दिन 20मार्च 2015 को court से जमानत पर रिहा होते है और तब जज उस police officer को 3,000rs का जुर्माना देंने के लिए कहता है तो में ये जानना चाहता हु में उन लोगो के खिलाफ कोई complain फ़ाइल कर सकता हू.
Yes. Complete details are given below. Action against police can be taken in your case. You should read the order if it explains the reasons behind Rs 3000 fine on police.
http://menrightsindia.net/2015/02/how-to-take-action-against-police-or-magistrate-for-498a-arrest-without-following-crpc-41-41a.html
When I was going out at 2 am night (Chennai, Tamilnadu) police caught me and asked my details and took my finger prints. What is that for and Is it normal? What should I do?
You can file RTI on police station and ask them copy of the information they have recorded regarding taking you to PS and whatever else they have done.
sir please guide me that police taken warrant in rajasthan police act 37 (2007).in 2013. what i am saying that after section 41a crpc 2011 . can police take a warrant under police act 37. they have not given any notice . they put me pending in 173(8)crpc .should i recall the warrant in 70(2). or in which court should i go.
please suggest me
I am not aware of Rajasthan police act
Maybe your own advocate can understand your brief message. We are here to help on men rights issues. Your case seems to be suited for any advocate well versed in CrPC and criminal matters.
Sir,
Iam speaking with somebody in a shopping place to withdraw money from ATM Centre. Suddenly three policemen came and collect 5 persons including me and take to the nearby police station and threatened with bad words and told that you are criminals. They told that, if you are not cooperate with us we will put a case with you all otherwise please keep quiet and sign in the note book there is a matter written that under CRPC 41 section you are arrested. I get shocked and stress in my mind setting. I am having PAN Card, Ration Card and Company ID Card with me always. But the policemen were not in a position to mind this proofs. After one hour they released me and the 4 boys after signing with their note book. What shall I do for this type of mental stress caused by Police? and what is the remedy to releive from my mental worries.
Please do the needful…
Thanking You,
David C
Signing into notebook is not arrest. Arrest has specific procedure under CrPC 41b, your relative has to be informed. Document to be written etc. Were you or your relative given any memorandum of arrest. Was there any witness who signed?
Read CrPC Sec 41b here:
http://menrightsindia.net/2014/07/section-41-41a-41b-of-crpc-which-govern-arrest-by-police-without-warrant.html
To relieve of mental worries and stress given by police, you have to do 2 things:
1. File RTI on police station to get copy of documents signed /that notebook etc at the time you were taken in. Ask for any complaint number, documents etc too. Send it by speed post, no need to visit PS.
2. File complaint to SHRC or NHRC about wrongful detention, giving all the details of time/venue, police personnel etc, PS etc.
My guess is they wanted to show to some superior some fake records of work being done on another case. That’s not our problem as citizens. Let them learn a good lesson for doing this.
Please guide.
While a vehicle checking i was found without document.
i informed the police that i can produce the document .
but they took me to the station and collected all my information
on a book . then they also took my finger print.
while asking them about this , the crime inspector’s replay was that this is the procedure
if we found any one without proper document.
after coming out of the station and discussing with my friends only
i came to know that i was charged for Section-41.
what can i do in this case.. please guide…
As citizens, we should not simply believe what someone says to be the law!
What document was asked for and not found?
Did you check any government website, any law site about whether that document is required to be carried and not carrying it means police can take you to PS?
Did you take copy of the police record? Any complaint number?
If not, you should file RTI to get record of police register/police diary/that book you said; on that day and mention time you were taken there or ask for whole day.
CrPC 41 is for cognizable offence. What exactly you were charged with can be known only after you possess the official police document about it, not what your friends say.