Is 41A Crpc mandatory?

The court said “The insertion of Section 41A of the Cr. P.C., it becomes clear that the legislature intended to make it compulsory for the police to record reasons for making an arrest, as well as for not making an arrest in respect of a cognizable offence for which the maximum punishment is upto seven years.

What is section 41 of the CrPC?

So what exactly is Section 41 of CrPc? The Section 41 grants power to a police officer to arrest a person without an order from a Magistrate and without a warrant. This power is given for what are called ‘cognizable offences’.

What is the power of arrest under the CrPC?

Under Section 41 (1) (a) of CrPC, the police officer may arrest without any order from the Magistrate and without any warrant, any person, who commits, a cognizable offence in the presence of a police officer. This Clause uses the phrase “may … arrest”. Thus the power of arrest is a discretionary,

What is Section 41 1 a of the CrPC?

Section 41 (1) (a): Under Section 41 (1) (a) of CrPC, the police officer may arrest without any order from the Magistrate and without any warrant, any person, who commits, a cognizable offence in the presence of a police officer. This Clause uses the phrase “may … arrest”. Thus the power of arrest is a discretionary,

When can a police officer arrest a person without a warrant?

Section 41 of the Code of Criminal Procedure (Cr.PC) provides for when can a police officer arrest a person without warrant. It states that any police officer may without an order from a Magistrate and without a warrant, arrest any person— (a) who commits, in the presence of a police officer, a cognizable offence;

What happens when a magistrate finds that the police did not follow CrPC?

The magistrate finds from the records given by police that they did not follow the CrPC 41A procedure, and grants bail to accused, and also orders for departmental action against police personnel.