PROTECTION FROM ARREST IN DOWRY HARASSMENT CASE SECTION 498A OF IPC – SECTION 41 OF CRPC

Section 41A of CrPC is a key instrument of protection from arrest in dowry harassment. Section 41, 41A with its amendments, it protect the fundamental rights of accused person in non-heinous crimes or the crime having provisions of imprisonment up to seven years.

Section 41 Of Code Of Criminal Procedure (Cr.P.C.) Confers The Power Of Police Officer To Arrest Without Any Warrant.
According to the provisions of Section 41 of CrPC, police officer may arrest accused in a cognizable offense without any warrant, whereas the offense has provisions of imprisonment more than seven year.

The police officer may record the reason of arrest or non-arrest of a person. In case of arrest, the arrested person has to be presented before court by the police officer within 24 hours.

Section 41A of Code of Criminal Procedure (Cr.P.C.), provisions of notice to be served to the accused person to join the investigation where the provisions of imprisonment is upto seven years. Arrest in only when the accused failed to comply the notice.

Key Features Of 41A CrPC:

No Arrest – Issuance of Summon : According to the provisions under the Section 41A of CrPC, police has to issue notice, and arrest is only when the accused person is not complying the terms of the notice.

Right to be accompanied by lawyer : The accused person who has been summoned by the police officer has the right to be accompanied by lawyer.

If you want to be protected from arrest in 498a IPC then comply with the notice issued by police officer under Sec 41A of CrPC. In case you do not receive any summon from the police officer and police arrest you then mention the incident of non-serving in the bail application.