GOVERNMENT OF TETANGANA

POLICE DEPARTMENT
Office of the
Director Generol of Police,
Telongono Stote, Hyderobod
C. No.3870/CI 3/SCRB-TS/201 7- l 8 z!.08.2018.

MEMORANDUM
Sub:-Amendmenis to Sec.4 l Cr.PC - Procedures to be odopted by
Police in cose of orrest ond non orrest - lnstructions issued- - Reg.

Ref: r.c ode of Criminol Procedure (Amendment) Act 2008 (5 of 2009l,

2.C ode of Criminol Procedure (Amendment) Act 2010 (41 of 2010)

Through the Cr.PC Amendment Acts 2008 ond 2010, Section 4l Cr.PC
reloiing to the power of police to onest without worront in oll cognizoble
offences, hos been substontiolly omended. The Amendments inlends thot the
powers of onest conferred upon the police officer in oll cognizoble offences,
especiollyin offences punishoble upto seven yeors or less musl be exercised
ofter reosonoble core ond jusiificotion. lt is noticed thot. though the
omendment come into effect w.e.f.Ol.l'l .2010, police officers ore nof
following the new provisions strictly. All officers ore directed 1o fomiliorize
themselves by refening to the omendmenls ond to poy speciol oitention to
sections 4l (i) (o) to (i) ,41-A,4i-B,41-C ond 4l-D.

I . Sec.4l (l ) (o) lo (i) Cr.PC (excluding sub clouse (b) of Sec 4l (l ) Cr.PC)

Any Police officer moy orresl ony person wilhoul o worronl in cose ol lhe
following circ umslonces:
o) 4l(l)(o) - who commits o cognizoble offence in the presence of o
police officer

b) 4l(l)[bo) - who is reosonobly suspected 1o hove committed o

cognizoble offence punishoble wilh imprisonmenl for o term more thon
7 yeors

c) al(l)(c) - o procloimed offender under Cr.PC or by the order of ihe

Stote Government

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 d) 4l(l)(d) - who is found in possession of property which is reosonobly
suspected to be stolen property ond is reosonobly suspected to hove
committed such on offence with reference to such property

e) 4l(l)(e) - who obstructs the police officer while in the execution of his

duty or who hos escoped or ottempts to escopes from lowful custody

f) 4l(l)(f) - who is reosonobly suspected to be Deserter from ony of the

Armed Forces of the Union

g) al(l)(g) - who is reosonobly suspected to be wonted under low

reloting io exlrodilion for on offence committed of ony ploce outside
lndio

h) 4l (l )(h) - who, being o releosed convicl. commits breoch of ony rule

mode under Sec 356(5) Cr.PC

i) 4l(1)(i) - on receipt of ony requisition by onolher police officer who is

lowfully outhorized lo onesl withoul o worroni

A Sec 4l (1) (b) Cr.PC covering cognizoble offences punishoble uplo 7

yeors or less (excluding lhe offences covered under Poro l, obove)

ln oll cognizoble offences punishoble upto 7 yeors or less, the power of

Arresl wilhout Worront is slrictly reslricted lo o few Speciol
Circumslonces justified by focts:

Henceforth, no person sholl be orrested withoul o worront for o

comploint or suspicion of involvement in such o cognizoble offence
punishoble with 7 yeors imprisonment or less exceol when lhe polke officer
concerned is solisfied lhol such onesl is necessory, (i) to prevent such person
from committing ony fvrlher offence; or (ii) for proper invesfigotion of the
to prevent such person from cousing lhe evidence of lhe
offence; or (iii)
offence lo disoppeor or tompering; or (iv) to prevent such person from
moking ony inducement, lhreat or promise to ony person ocquointed with
lhe focls of lhe cose,' or (v) to ensure his presence before the court os ond
when required.

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 while moking such orresl of o person lhe concerned police officer sholl
record his reosons in writing cleorly wilh proper justificolion including focls
ond circumslonces in the remond reporl.

ln oll coses where lhe moximum punishmenl is 7 yeors or less ond

where lhe orresl of the person is nol required, lhe police officer sholl record
lhe reosons in wriling cleorly for nol moking lhe onesl in lhe cose diory ond
sholl issue Nolice of Appeoronce before Police Officerunder Sec. 41ACr.P.C.

NOTE

(i) Whenever it is decided to not to orresl o person in on offence

punishoble wilh imprisonmenl of 7 yeors or below. o notice U/s. 4l A Cr.PC
sholl be served before summoning ihe occused to the police stotion for the
purpose of lnvestigotion.

ii) Wherever it is decided to orrest the occused in on offence

punishoble wilh imprisonment of 7 yeors or below, he moy be duly produced
before ihe concerned couri by recording reosons in Remond Report.[n such
coses, there is no need for service of Noiice U ls 4l A Cr.PC)

iii) Whenever on occused is onesled in o boiloble offence under

lhe provisions of 4l ('l) (o) lo (i) excepl (b), the occused moy be gronled
boil, if investigoting officer is so sotisfied ond obtoin boil bonds.(ln such coses,
lhere is no need for service of Nolice U/s 4l ACT.PC)

iv) Whenever on occused commils o cognizoble offence punishoble

wilh punishmenl of more thon seven yeors, he moy be orrested ond
produced before the concerned courl (Sec.4I (l) (bo)Cr.P.C)(ln such coses,
there is no need f or service of Notice U/s 4l A Cr.PC)

The Form of Notice of Appeoronce to be issued os per Sec.4lA Cr.PC

olong with The Form of Acknowledgemenl ore enclosed vide Annexure-l
(bosed on the Judgement of Delhi High Courl in W.P.(C) 7608120171

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 As long os such person continuesto comply with the terms of notice,
the police officer sholl not onest him. When such o person ot ony time foils to
odhere lo the terms of the notice, the police moy orresi him for the offence
mentioned in the notice ofter recording the reosons,cleorlyiustifying with focts
ond circumstonces.

ln oll coses where notice of oppeoronce under Sec.4lA Cr'PC is served

ond where no orresl is mode, lhe concerned police officer sholl nol obloin
ony boil bonds wilh or wilhout surelies since lhe queslion of toking boil bonds
orises only when orresl is offecled. The concerned jurisdiclionol Mogislrotes
sholl be kepl informed of issue of Nolice under Sec.4'lA Cr.PC wilhin two
weeks.

3. The police officer while moking ony orrest sholl-(o) beor on occurote,
visible ond cleor idenlificotion of his nome for eosy identificotion, (b) prepore
o memorondum of onest which sholl be ottested by ol leost one witness ond
counter signed by the person onesfed (c) inform the person orrested thot he
hos o righl to hove o relotive or o friend nomed by him to be informed of his

orrest.

4. When ony person is onested for ony offence ond intenogoted by the
police, he sholl be entitled to meet on odvocole of his choice during
interrogotion, though noi throughout intenogolion.

5. ll is olso directed thot the present District Police Control Rooms in every
districi will funclion os the Districl Control Room os required os per Section
4lC. A Nolice Boord sholl be kept oulside the Control Room to disploy the
detoils of the persons orresled on the doy ond the previous doy ond the
designotion of the police officers who mode the onests. All the Slotion House
of the District sholl inform necessory detoils to their District Police Conirol
Room with copy to the lnspector CCRB/DCRB immediotely ofter they onest
io be communicoted ore the Nome of the
ony person. The porticulors
Accused/Nome of the Foiher of the Accused/Age/Sex/Address of the
Accused/Ploce ot which orrested/Time of Anesl/Dote of Anest/Crime

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No./Section of Low/Police Stotion/Nome of Anesiing
Officer/Ron k/Designotion.

6. The Stote Crime Records Bureou functioning ol ClD, Hyderobod will

function os lhe Slole Level Conlrol Room under the Police Heodquorters. All
the lnspeclors of CCRB/DCRB oll over the stote sholl consolidote the list of
orrested persons from Sundoy to Soturdoy every week ond electronicolly
forword the consolidoted list lo the SCRB on the succeeding Wednesdoy. IGP
SCRB will moinloin this os o computerized digitol dolo bonk for the
informotion of generol public ond for the Deportment. ADG, CID will co-
ordinole this octivity ond review ihe position every week ond report
deficiencies lo Regionol lsGP ond the undersigned.

Encl : Annexure-l

.(^I^rd s/1 r
Direclor Generol olice,
Ielongono Slole. Hyderobod.
To,

All SsP/CsP in the Telongono Stote

All the RongeDlsG in the Stole
Regionol lsGP Worongol ond Hyderobod
lnspector Generol of Police, SCRB, T.S., Hyd
Copy to
The Addl.DGP, ClD, TS, Hyderobod
All the Stoff Officers.

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 AIIITE:XURE-I
FORM OF NOTICE OF APPEARANCE
(Issued u/s 41A Cr.P.C)
as per Delhi High Court Judgment in w.P.(C) 7608/2017
Sl.No .........
Police Station..............
District.....................
Date..,.......................
To,
[Name of Accused/Noticeel
llast Known Addressl
[Phone No./Email ID (if any)]
Notice under Section 41A Cr.P.C

In exercise of the powers conferred under subsection (l) of section 41A of Cr.P.C., I hereby
inform youthat during the investigation of FIR/Case
No..................dated.................u/s..............registered atPolice Station..................it is revealed
that there are reasonable grounds to question you to ascertainfacts and circumstances from
you, in relation to the present investigation. Hence you are directed to appear before me at
............am/pm on........at...................PoIice Station with proof of ldertlfy and resldence.
You are directed to comply with all and/or the following directions

a)You will not commit any offence in future.

b)You will not tamper with the evidences in the case in any manner whatsoever.
c)You will not mal<e alty threat, inducement, or promise to any person acquainted with the
fact of the case so as to dissuade him from disclosing, such facts to the court or to the
police ofhcer.

d)You wiil appear before the Court as and when required/directed.

e)You will join the investigation of the case as and when required and will cooperate in the
investigation.

f) You will disclose all the facts truthfully without concealing any part relevant for the purpose
of investigation to reach to the right conclusion of the case as per law.

g)You will produce a-ll relevant documents/material required for the purpose of investigation
as per law.

hlYou will not allow in any manner destruction of any evidence relevant for the purpose of
investigation/trial of the case.
i)Any other conditions, which may be imposed by the lnvestigating Ofhcer/SHO as per the
facts of the case.

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

ISignaturel
[Name aldDesignation] [afhx seal]

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Sl. No.

ACKNOWLEDGEMENT

In compliance witi the abovementioned noticedated........... issued under Section

41A Cr.P.C, the Noticee has appeared on............... from..............to..........
That the Noticee's presence has been recorded in the register to be maintained
by the Police Station.....................

This acknowledgement is being issued in compliance with Section 41A Cr.P.C. The
documents produced by the noticee have duly been seized vide seizure
memo/production memo (copy enclosed). The noticee undertakes to continue to comply
with any further notices that she/he may receive during the course of the present
investigation .

lSignature of Accused] [Signature of IO]"

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