Frame guidelines for process under Section 41A CrPC by February 1: Madras HC

The Madras High Court today directed the state government to frame guidelines for the process to be followed for the issuance of notice to an accused when his arrest is not required, in criminal cases under Section 41A of the Code of Criminal Procedure (CrPC), 1973..Justice N Anand Venkatesh took note of the fact that there is no set procedure or format for the same in Tamil Nadu, while dealing with the case pertaining to the arrest of RR ‘Nakheeran’ Gopal, in which case the Court had rendered its verdict earlier this month..The abrupt arrest of the Tamil Magazine editor on cited grounds of sedition and subsequent refusal of an Egmore magistrate to allow the police plea for remand eventually found its way to the Madras High Court. In turn, the case threw up interesting questions including, inter alia, the invocation of powers to arrest and remand jurisdiction..While passing the order upholding the Magistrate’s refusal to remand Nakheeran this month, the judge had also directed that the police follow the guidelines laid down by the Delhi High Court in the 2017 case of Amandeep Singh Johar v. State of NCT Delhi and Anr when it comes to issuance of notice under Section 41A CrPC, until corresponding amendments are made to the CrPC..As stated in its January 7 order,.“…(c) In cases where the police officer decides not to arrest the accused,Section 41-A Cr.P.C will come into play. In such cases, the police officer can issue a notice directing the accused to appear before him at a time and place set out in the notice. The police officer shall serve the notice on the accused within two weeks from the date of institution of the case after forwarding a copy to the jurisdictional Magistrate. The concerned Superintendent of Police may extend the time for service of notice after recording reasons in writing..(d) The police officer shall follow the guidelines issued by the High Court of Delhi in Amandeep Singh Johar v State of NCT Delhi and Anr (W.P Civil 7608 of 2017), dated 07/02/2018, as regards the format and contents of the notice under Section 41-A and the mode and manner of its service. The aforesaid guidelines shall be followed till such time suitable amendments are incorporated into the Second Schedule of the Code. Suitable circular instructions shall be issued by the Director General of Police to all Station House Officers, directing them to follow the aforesaid procedure…”.Section 41A, CrPC comes into play when the the arrest a person accused in a criminal complaint is not required. In such cases, the police may issue notice to the accused directing him to appear as required for the investigation. The provision states,.“41A. 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 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 or isunwilling 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.”.Today, the Court listed the matter for the specific purpose of directing that the state implement a set procedure for the issuance of such notices, noting that it is a lacunae that needs to be addressed immediately..Accordingly, Justice Venkatesh has instructed that the guidelines akin to those in the Amandeep Singh Johar case be introduced and implemented by the state before the Court takes up the matter next on February 1.