41b Memorandum: Fill & Download for Free

Yes. Police can arrest any person without a warrant as per provision of section 41 of CrPC. This section does not specify that the Police officer effecting such arrest has to be in Uniform.It is well known that the Crime Branch officer/CID/Detectives do not wear Uniform while on duty and can effect arrests in that condition. However, section 41-B of CrPC provides for how and after arrest what is to be followed by the arresting Police is laid down in it and the sections runs as follows——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.

Earlier the situation was somewhat different. Immediately after registration of FIR, police use to arrest the accused. Several petitions were filed, both in high court and Supreme Court, challenging the arbitrary actions of the police officers relating to infringement of constitutional rights.In fact even Criminal Procedure Code, says that it is compulsory that police must first issue notice under section 41A, requiring the accused to attend and Co operate with the investigation.*[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.However the situation and law changed drastically after SC’s ruling in Arnesh Kumar vs State of Bihar , where several guidelines were framed by Supreme Court.It would be interesting to read this ruling for yourself. Here.Arnesh Kumar vs State Of Bihar & Anr on 2 July, 2014Hence where punishment is less than 7 years, police are restricted from arresting the accused, provided the accused is co-operating with investigation.Regards.Have a Good day

if a police ask any person to come for any enquiry, one has to go, even if they ask me also, i too have to go.but if they start harassing, you could ask protection by complaining about officer in charge of police station . second option is to approach high court by seekif police ask any person to come for any enquiry, one has to go, even if they ask me also, i too have to go.but if they start harassing, you could ask protection by complaining about officer in charge of police station . second option is to approach high court by seeking protection under article 226 of Constitution of Indiaif they have filed any fir, u could approach for anticipatory bail from session judgewhether you have civil court or not that does not mattersone has to answer all enquiry of police. but police should not harass. these sections help you to understand police powersing protection under article 226 of Constitution of Indiaif they have filed any fir, u could approach for anticipatory bail from session judgewhether you have civil court or not that does not mattersone has to answer all enquiry of police. but police should not harass. these sections help you to understand police powers41 A.Notice of appearance before police officer. — “(1) The police officer may, 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, it shall be lawful for the police officer to arrest him for the offence mentioned in the notice, subject to such orders as may have been passed in this behalf by a competent Court.41B. 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.41C. Control room at districts. — (1) The State Government shall establish a police control room—(a) in every district; and(b) at State level.(2) The State Government shall cause to be displayed on the notice board kept outside the control rooms at every district, the names and addresses of the persons arrested and the name and designation of the police officers who made the arrests.(3) The control room at the Police Headquarters at the State level shall collect from time to time, details about the persons arrested, nature of the offence with which they are charged and maintain a database for the information of the general public.41D. Right of arrested person to meet an advocate of his choice during interrogation. — When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.”.section 41 is general one and that would not help you, the above quoted is from criminal procedure code 1973 amended in 2008 w.e.f 2010so these are all procedure to be followed by the police. sub-section (3) of 41A is very clear, he should not arrest if he does not have reason. but practically it rarely happens. you could apply for bail on the next day itself in court and you could consult lawyer when u are in custody also.Dont worry those days are gone where police used to power arbitrary manner and harsh manner. now if they commit some mistake also, court could interfere and ask for penalty or any order which court deems fit