Notice of appearance before police officer
AI Assist
Summary
Police may, instead of arresting, issue a notice directing a person against whom there is a reasonable complaint, credible information or reasonable suspicion of a cognizable offence to appear before the officer or at a specified place. The person must comply with the notice. If the person complies and continues to comply, they will not be arrested for that offence unless the officer records reasons for arrest. If the person later fails to comply, police may lawfully arrest them, subject to any court orders.
Example
Priya is suspected by a neighbour of taking a small item from a shop. Police send her a notice to appear at the station on a given date. Because Priya attends and keeps attending as required, she is not arrested for that offence unless the officer records reasons to arrest. If she stops coming, police may lawfully arrest her, subject to any court orders.
Bare Act
Enacted text(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.
Previous year papers
Pick your exam. we'll email the most recent paper.