41 A of crpc

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Section 41 a of crpc deals with cases in which arrests can be made without a warrant. It was held in Avinash Vs State of Maharashtra [1983 CrLJ 1833(Bom)] that 41 a of crpc is a depository of general powers of the police to arrest but it is always subject to a few conditions, being a few provisions contained in the Code itself as well as in any special statute to which the Code is applicable. If section 155(2) prohibits a police officer from investigating a non-cognizable case without the order of the Magistrate, then in regard to such an offence the officer cannot use its powers under section 41(d) of the Code. Section 41 a of crpc cannot be read in isolation and has to be read with sections 155 and 156 of the Code.

In regard to section 41 a of crpc it was held in, Maharashtra Vs CCW Council of India [ (2004) Cri LJ 14(SC)], that, the High Court by an order prevented the police from arresting a lady without the presence of a lady constable. It also prohibited the arrest of the lady, after sunset and before sunrise under any circumstances. The Apex Court agreed with the subject in this regard on the anvil of section 41 a of crpc, and had directed a strict compliance guideline in regard to the aforementioned conditions, but in the meanwhile found that strict compliance to such a condition would cause tumult and extreme difficulty for the investigating authorities, and may even produce a law evading path for some unscrupulous female offenders. It was held in regard to section 41 a of crpc, that all steps should be taken for arranging a lady constable while arresting a lady offender after sunset, but after all effort if a lady constable cannot be arranged to be made present while the said arrest, then the general police can arrest the lady offender in the absence of a lady constable and it would be held to be a valid arrest.