notice of appearance before the police officer

NOTICE OF APPEARANCE BEFORE POLICE OFFICER

SEC 41 A of criminal procedure code deals with 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 any other place as may be specified in the notice.

2.     Where such notice is issued to any person, it shall be the duty of that person to comply with the terms of that 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 the 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.