Section 41A CrPC: Notice of appearance before police officer
Code of Criminal Procedure, 1973
Section 41A CrPC at a Glance
Section 41A CrPC deals with notice of appearance before police officer. From 1 July 2024 it is replaced by Section 35(3) BNSS. Popularly called notice of appearance. The rule is unchanged; it now sits in Sections 35(3) to 35(6) BNSS.
What Section 41A CrPC Says
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.
Source: Section 41A, Code of Criminal Procedure, 1973
Section 41A CrPC in Simple Words
Section 41A of the Code of Criminal Procedure, 1973 deals with the notice of appearance before a police officer. Under Section 41A(1) CrPC, a notice shall be issued by the police officer in every case where arrest is not required under Section 41(1) CrPC. The notice goes to a person against whom there is a reasonable complaint, credible information, or a reasonable suspicion that the person has committed a cognizable offence. It directs that person to appear before the officer, or at any other place the notice specifies.
Under Section 41A(2) CrPC, where a notice is issued to a person, that person has the duty to comply with the terms of the notice. Under Section 41A(3) CrPC, the person who complies and continues to comply shall not be arrested for the offence referred to in the notice. The exception is where the police officer is of the opinion, for reasons to be recorded, that the person ought to be arrested. Under Section 41A(4) CrPC, the police officer may arrest the person for the offence mentioned in the notice.
This applies where the person at any time fails to comply with the terms of the notice, or is unwilling to identify themselves. The arrest is subject to any orders a competent Court has passed in this behalf.
When Section 41A CrPC Applies
- A police officer under Section 41A(1) of the Code of Criminal Procedure, 1973 shall issue an appearance notice in every case where arresting the person is not required under Section 41(1) CrPC.
- The notice is directed to a person against whom a reasonable complaint has been made, credible information has been received, or a reasonable suspicion exists of having committed a cognizable offence, requiring appearance before the officer or at another specified place.
- A person who receives a notice under Section 41A(2) CrPC shall follow and fulfill the terms set out in that notice.
- So long as the recipient complies and continues to comply with the notice, the police shall not arrest him for that offence unless the officer records reasons for the opinion that he ought to be arrested under Section 41A(3) CrPC.
- If the recipient at any time fails to comply with the notice terms or is unwilling to identify himself, the police officer may arrest him for the offence in the notice under Section 41A(4) CrPC, subject to any orders passed by a competent Court.
Example of Section 41A CrPC
When Section 41A CrPC Does Not Apply
- The requirement to issue an appearance notice under Section 41A(1) of the Code of Criminal Procedure, 1973 does not apply where the arrest of a person is required under the provisions of Section 41(1) CrPC.
- Section 41A(1) CrPC does not apply where the offence is not a cognizable offence or where no reasonable complaint has been made, no credible information has been received, and no reasonable suspicion exists that the person committed it.
- The protection under Section 41A(3) CrPC that a complying recipient shall not be arrested for the offence in the notice does not apply when, for reasons to be recorded, the police officer is of the opinion that the person ought to be arrested.
- Protection from arrest under Section 41A CrPC also does not apply under Section 41A(4) CrPC when the recipient at any time fails to comply with the terms of the notice or is unwilling to identify himself.
Notice of Appearance Under BNSS 35(3): What Changed
Section 41A CrPC is now covered under Section 35(3) BNSS.
From 1 July 2024, Section 41A of the Code of Criminal Procedure, 1973 was merged into Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 as Section 35(3) BNSS to Section 35(6) BNSS. Every change to Section 41A CrPC is a change of form. In Section 35(3) BNSS, which replaced Section 41A(1) CrPC, the cross-reference to Section 41(1) CrPC became a reference to Section 35(1) BNSS within the same section. Section 41A(2) CrPC, Section 41A(3) CrPC, and Section 41A(4) CrPC became Section 35(4) BNSS, Section 35(5) BNSS, and Section 35(6) BNSS with identical words, leaving the rules unchanged.
View detailed comparison (CrPC 41A vs BNSS 35(3)) →FAQs on Section 41A CrPC
When must a police officer issue a notice of appearance under Section 41A CrPC?▼
A police officer shall issue a notice of appearance in all cases where the arrest of a person is not required under Section 41(1) of the Code of Criminal Procedure, 1973. Section 41A(1) CrPC requires this notice when a reasonable complaint has been made, credible information has been received, or a reasonable suspicion exists that the person has committed a cognizable offence. It directs him to appear before the officer or at another place specified in the notice.
Can the police arrest a person who complies with a notice under Section 41A CrPC?▼
When a notice is issued under Section 41A(2) of the Code of Criminal Procedure, 1973, it shall be the duty of that person to comply with its terms. Under Section 41A(3) CrPC, where the person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice. An exception applies only if, for reasons to be recorded, the police officer is of the opinion that the person ought to be arrested.
What happens if a person fails to comply with a notice issued under Section 41A CrPC?▼
Receiving a notice under Section 41A(2) of the Code of Criminal Procedure, 1973 creates a duty on that person to comply with the terms of the notice. Under Section 41A(4) CrPC, where the person at any time fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may arrest him for the offence mentioned in the notice. That power to arrest is subject to such orders as may have been passed by a competent Court.
Which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 41A CrPC?▼
The Code of Criminal Procedure, 1973 stood in force until 30 June 2024 and was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 41A CrPC was placed into Section 35 BNSS. Specifically, Section 41A(1) CrPC became Section 35(3) BNSS, Section 41A(2) CrPC became Section 35(4) BNSS, Section 41A(3) CrPC became Section 35(5) BNSS, and Section 41A(4) CrPC became Section 35(6) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·