Summons and warrants are issued when the person is compelled to appear before the court and when he refrain himself from appearing before the Court then proclamation and attachment comes into existence to compel the person to appear before the court. These are all about appearance to appear before the court. These are all about appearance before the court. In this article, we’ll learn how a person is compelled to appear before Police officer.
Section 41 of code of criminal procedure states that Police Officer may arrest any person without warrant or without an order from Magistrate, if he receives credible information against that person or reasonable complaint has been made or reasonable suspicion exists against that person that he has committed cognizable offence and gher are various other conditions too.
But in general, a Police Officer can make an arrest for a Cognizable offence. But what happens when a Police Officer is not required to make an arrest as per Section 41(1) of Code of criminal procedure?
Section 41 A of Code of Criminal Procedure states that Police Officer shall issue a notice of appearance against the person whom a credible received, or reasonable complaint has been made or reasonable suspicion exists that he committed cognizable offences but the police Officer is not required to arrest under the provisions of Section 41(1) of Code of Criminal Procedure.
After getting the notice, it is the duty of the person to comply with the terms of the notice and appear before the Police Officer or to appear at such other place specified in the Notice.
If the person complies with the notice then he shall not be arrested unless the Police Officer is of the opinion that he is required to be arrested and the Police Officer shall also record his reason for the arrest. But if the person fails to comply with the terms of the notice then the Police Officer, after getting an order from the competent Court, will arrest him for the offence mentioned in the notice.
