OFFICE OF THE DIRECTOR GENPRAL OF POLICEPUDUCHERRY

No:4/DGP/SECY I 2olg - 35CIRCULAR

Sub: Order in Crl.O.P No. 4744 oi 2019 dated. Hon'ble Madras High Court - Procedure foracknowledgment u/s 41-A Cr.P.C- Reg.

Dated: 12.03.c,019

27.O2.20L9 of thesending notice and

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Ref: (1) Direction of the Hon'ble Madras High Court dated 27.02.2019in Crl.O.P. No. 4744 of.2019.

(2) Order dated 07 .02.20\8 in W.P (C) No.7608 of 2017 of theHon'lcle Delhi High Court.

(3) Order dated 07.01.2019 in CI1.O.P No. 26888 of 2018 andCr1.M.P No. 15519 of 2018 of the Hon'ble Madras High Court'

section 41A of the code t "'r-t;;

;;]"o,.rr" "o*"" into plav when the

arrest of a person, accused in a criminal complaint is not required. i.e., the criminalcases in *hi"h th" punishment of imprisonment is up to 7 years or below. In suchcases, the police may issue notice to tfre accused directing him to appear as

required for the investigation.

The Section 41-A CrPC runs as follows:

"41-A. Notice of appearance before Police Officer. -(1) The police officer shatt, in atl cases uhere the aftest of a person is not required

under fle proiisions of sub-section (1) of section 41, issue a notice directing tFE

person agiinst tuhom a reasonabte comptaint has been made, or credibte informationias beei receiued, or a reasonabte Suspicion eists that he has committed dcognizable offence, to appear before him or at such other place as may be sp9cified inthe notice.

(2) Where such a notice is issued to anA person' it shalt be the dutA of that person

to complg rtLith the terms of the notice'

(3) Where such person complies and continues to complg 1L)ith the notice, he shall not

be arrested. in respect of the offence refened to in tlrc notice unless, for reasons to

be recorded., the potice ofiicer is of the opinion that he ought to be arrested'

(4) Wtrcre suclz person, at ang time, faits to complA uith the terms of the notice or is' ' un',tilting toldentifu himsetf, tte police officer ntay, subject to such orders as-may

haue be'-en passed-bg a competent Court in this belnlf, anest him for the offence

mentioned in the notice,"

'..(C) In cases uhere the potice officer decides n2t to atr.est the accused, Sectton 41-A

Cr. 'p.C rdt come into ptag. tn such cases, the potice officer can issue a not.ice

directing the aca)sed. to appear before him at a time and place set out in the notic,e.

The poiice officer shall sJie the notice on the aca,Bed u'ithin ttuo weeks from the

d.ate of institution of the case after forttarding a copa to the juisdictional Magistrate.

Ttne concemed SupLrintendent of Po1ice mag ertend the time for seruice of notice afterrecording reasons in writing.

2. The Judgment of Amandeep Singh Johar v State of NCT Delhi and Anr (W P

Ciuit ZOOS ot iOtZ1, d.ated. 07 lotl2o18, has the format and contents of the notice

under Section +1.-.a, crec; the mode and manner of its service. The guidelines and

the model form of notice under section 41-A CrPC and tlle acknowledgement are

attached therewith.

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3. The concerned suspect/accused person will necessarily need to comply withthe terms of the notice under section 41A of CI.PC and attend at the requisite time

^.ra pt""". if the accused is unable to attend at the time for any valid and justifiable

reason, the accused should in writing immediately, intimate the investigating officer

and seek an alternative time within a reasonable period, which should ideally notaccede a period of four working days, from the. date on which he/she were required

to attend unless he/she is unable to show justifiable cause for such non -aLtendance.

4. Unless it is detrimental to the investigation, the police officer may permitsuch rescheduling, however only for justifrable causes to be recorded in the case

diary. Should thelnvestigating oilicer believe that such extension is being sought to

cauie delay to the investigation or the suspect/accused person is bding evasive by

seeking time, (subject to i;timation to the SHO/SP of the concerned Police Station)'deny sich requesi and mandatorily require the said person to attend'

5. A suspect/accused on formally receiving a notice under Section 41-A CrPC

and appearing |efore the concerned officer for investigation/ interrogation at the

police iiation, may request the concerned IO for an acknowledgement'

6. In the event, the suspect/accused is directed to appear at a place oth.er -thanthe police station ias envisaged under Section 41-A-(i) CrPC), the suspect will be atur".q' to get the acknowledgement feceipt attested by an independerrt witness; if.""i6ft" it the spot in addition to getting the same attested by the concerned

investigating officer himself.

7, A duly indexed booklet containing serially numbered- notices in

duplicate/ caibon copy format should be issued by the SHO of the Police Station to

the Investigating Officer.

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a.

b.

d.

b.

$1,

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Serial Number

Case Number

Date and time of aPPearance

Consequences in the event of failure to comply

Acknowledgment sliP

The oiginal is serued on the accused/ suspect;

A carbon copg (on white paper) is retained bg the IO in hk/ her case diary,

uthich can Ai "no." to the concemed Magistlate as and uhen reqtired:

used. booklets are to be deposited bg the IO tttith the SHO of the Police

station, u-tho shalt retain the same till the completion of the inuestigation ond

submission of the finat report under section 173 (2) of the CrPC'

The Potice department uill frame appropiate rutes for the preseruation and

destruction of such booklets.

g. The Procedure booklets in format identical to the above prescription inguideline with modifications having regard to the statutory provisions in the

iorms for the notices and acknowledgment shall be maintained'

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9. The publicity should be undertaken and pamphlets educating the public atlarge on the above procedure should be issued by the SSPs concerned.

10. The above information should be displayed at prominent places in the PoliceStations, to inform the public of their rights and recourses available to them.

11. SP/PIS to organize a training program on the above directions for policeofficers to sensitize them towards effective compliance of section 41-A' 91, 160arrd 1 /5 0I tne ur.ru.

12. This circular shall be posted on our Police Website by Web Officer and allSDPOs shal1 give effective publicity to ensure that the public is apprised of theprocedure which has to be fo11owed. The necessary features of the circularshall be prominently displayed at all Police Stations in English and vernacularregional languages to enable every person who visits the Police Stations of theprocedure which has to be followed.

13. Failure on the part of the IO to comply with the mandate of the saidprovisions of the CrPC ald the above procedure sha11 render him liable toappropriate departmental actibn/disciplinary proceedings under theapplicable rules and regulations as well as contempt of Court in terms of thedirections of the Hon'b1e Supreme Court in the case of Arnesh Kumar VsState of Bihar (2014) 8 SCC 273.

14. The SSP (L&O), (C&D and Karaikal and all the SPs concerned sha11 supervisethe strict implementation of this direction of the Hon'ble Madras High Courtby the investigating oflicers concerned.

{SUNDARI NANDJ, IPS)DIRECTOR GENERAL OF POLICE

PUDUCHERRY

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Encl: As above

To

The Inspector General of Police, Puducherry \ fo, twre*ision of implementation'

The Dy. Inspector General of Police, Puducherry. JThe Senior Supdt. of Police(L&O), Puducherry.) for monitoing and. getting retums on the

The Senior Supdt. of Police, (C&I), Puduch erry ' luqious measures to be adopted as

The Senior Supdt. of Police, Karaikal. ) enumerated ift the circular.

The SPs East/West/ North/South/CID/VAC/ Food Ce11 /Traffic(NE) / Trafftc (SW)/

KK1-South/Kkl-North/ Mahe / Yanam. - for strict compttqnce.

The SPs HQ/SB/SiGMA-securityi MT/Home Guard/ PTS /WIRELESS I rvez-'T7o"t cst r- /CMDT(PAP) - 7or information

Al1 CIs / Inspectors / SHOs / IOs -for stict compltance.

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NOTICE U/S SECTION 41-A CrpC

:ir.I\ o..... -.

Police Station

To, [Name of Accused/Noticee ] [Last Known Address] [phone No./Email ID (if any)

Notice under Section 41 A Cr.P.C.

In exercise of the powers conferred under subsection (1) of section 41A of cr.p.c., ihereby inform you that during the investigation of FIR/Case NO. _ dated

u/s registered at _ Police Station, it is revealedthat there are reasonable grounds to question you to ascertain facts andcircumstances from you, in relation to the present investigation. Hence you aredirected to appear before me at ...... am/pm on --.-*-- police Stalion.

You will not commit any offence in future. I

You will not tamper with the evidences in the case in any manner whatsoever.You will not make any threat, inducement, or promise to any person acquaintedwith the fact of the case so as to dissuade him from disclosing, such facis to the

(a)

(b)

(c)

(d)

(e)

j (f) You will disclose all the facts truthfully without concealing any part relevant forthe purpose of investigation to reach to the right conclusion of the case.

(g) You will produce all relevant documents/material required for theinvestigation.

(h) You will render your full co-operation/assistance in apprehension of theaccomplice.

(1) You will not a1low in any manner destructionpurpose of investigation / trial of the case.

U) Any other conditions, which may be imposedas per the facts of the case.

[Signature] [Name and Designation] [Affix seal]

court or to the police officer.

You will appear before the Court

You will join the investigationcooperate in the investigatio4.

as and when required/ directed.

of the case as and when required and will

purpose of

of any evidence relevant for the

by the Investigating Offrcer/SHO

Failure to attend/comply with the terms of this Notice, can render vou liable forarrest under Section 41 A (3) and (4) of CrPC.

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ACKNOWLEDGEMENT

In compliance with the abovementioned notice dated ...,... issued underSection 41A CrPC, the notice has appeared.on ..... from .... to ...... That the notice'spresence has been recorded in the register to be maintained by the ..............policeStation This acknowledgement is being issued in compliancewith section 41A crPC. The documents produced by the noticee have duly beenseized vide seizure memo/production memo (copy enclosed). The noticee undertakesto continue to comply with any further notices that she/he may receive during thecourse of the present investigation.

ISignature of Accused] ISignature of IO]

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