Section 41A CrPC, inserted by the 2010 Amendment Act, requires the police officer, where arrest is not necessary under Section 41(1)(b), to:
Answer & Solution
Correct answer: C.
1. Section 41A(1) CrPC: 'The police officer may, 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. If the noticee complies, no arrest unless the officer records that arrest is necessary; if he fails, arrest can follow.
3. Arnesh Kumar (2014) made compliance with Section 41A mandatory for offences ≤7 years.
4. The aim is to curb routine arrests.
5. Hence option B is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — CrPC, Section 41A (inserted 2010); Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273_
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