Notice served under section 41 Crpc
2 years ago
I have been served with a notice under section 341/323/114 IPC, Police asked to me reply back with in five days. Please guide me .Need your help . If police can arrest me? what i need to do?
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Section 41 ka notice aap ko apne bayan darj karne ke liye bheja gya hai. Aap ke pass koi evidence hai vah aap ko police ko de. Police aap ko is satar par arrest nhi kar sakti hai. Kyonki sabhi section simple nature ke hai.
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A.Hello Sir,
The notice served under section 41 of CRPC for you to report to police and give your statement, it's not for your arrest. For arrest they need a seperate warrant issued by a magistrate. So what you have to do is to just visit the police station and record the statement. Also section 114, 323, and 341 of IPC are not of grave nature and all these offence are compoundable and bailable offence. That means you are allowed to do a compromise with the opposite party.
Thank you.
The notice served under section 41 of CRPC for you to report to police and give your statement, it's not for your arrest. For arrest they need a seperate warrant issued by a magistrate. So what you have to do is to just visit the police station and record the statement. Also section 114, 323, and 341 of IPC are not of grave nature and all these offence are compoundable and bailable offence. That means you are allowed to do a compromise with the opposite party.
Thank you.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello Sir
First of all all the offence under Section 341, 323 and 114 are bailable and compoundable offence, therefore you'll not be arrested in first instance police need to get a warrant from court in order to arrest you. But these offence are not of grave or serious nature so there is not much to worry about. Just visit the police station and record your statement that's all you have to do.
Thanks
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First of all all the offence under Section 341, 323 and 114 are bailable and compoundable offence, therefore you'll not be arrested in first instance police need to get a warrant from court in order to arrest you. But these offence are not of grave or serious nature so there is not much to worry about. Just visit the police station and record your statement that's all you have to do.
Thanks
If you find this advice helpful please rate.
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A.See When ever there is a complain or FIR lodged in the police station the police will send a notice under Section 41A of CrPC to the accused to come sand record the statement. That is a normal process for not so serious crime. if it is serious and grievous crime then police would come with a arrest warrant to arrest the accused.
Now both crime under Section 323 and 341 are bailable and compoundable and hence you need not worry, just visit the police station, record your statement. Yes if you wish you can go with a good criminal lawyer.
Section 323 in The Indian Penal Code
323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Section 341 in The Indian Penal Code
341. Punishment for wrongful restraint.—Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
Now both crime under Section 323 and 341 are bailable and compoundable and hence you need not worry, just visit the police station, record your statement. Yes if you wish you can go with a good criminal lawyer.
Section 323 in The Indian Penal Code
323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Section 341 in The Indian Penal Code
341. Punishment for wrongful restraint.—Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
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