What is Section 41 and Section 41 (a) in CRPC 1973? With Examples

Section 41 and Section 41(A) of the Criminal Procedure Code (CRPC) 1973 in India both deal with the power of the police to arrest a person. However, there are significant differences between the two sections.

Section 41 of CRPC 1973:

Section 41 of the CRPC deals with the power of the police to arrest without a warrant. According to this section, a police officer may arrest a person without a warrant if the person is accused of committing a cognizable offense (an offense for which the police may arrest without a warrant) or is reasonably suspected of committing such an offense.

However, before making the arrest, the police officer must have a reasonable belief that the arrest is necessary to prevent the person from committing any further offense, to ensure the person’s attendance in court, or to ensure that the person does not tamper with evidence or influence witnesses.

Section 41(A) of CRPC 1973:

Section 41(A) of the CRPC was added in 2010 by the Code of Criminal Procedure (Amendment) Act, 2008. This section was added to address the issue of arbitrary arrests by the police.

According to this section, when a police officer arrests a person without a warrant, the police officer must inform the person about the grounds for arrest, and the person’s right to apply for bail. The police officer must also inform a relative or friend of the arrested person about the arrest, and the place where the person is being detained.

Further, if the person is arrested in a place other than his/her residence, the police officer must inform the person’s family or friend about the arrest within 8 to 12 hours.

Conclusion:

In conclusion, Section 41 and Section 41(A) of CRPC 1973 in India deal with the power of the police to arrest a person without a warrant. While Section 41 provides the police with the power to arrest a person based on reasonable suspicion of committing a cognizable offense, Section 41(A) aims to prevent arbitrary arrests by making it mandatory for the police to inform the person about the grounds for arrest and the right to apply for bail. It also requires the police to inform the person’s family or friend about the arrest and the place of detention.