In light of amendments in CrPc. in the form of section 41A Cr Pc wherein a person will not be arrested for offences in which imprisonment is less than 7 years, what consequence this provision will have on the CCS (conduct rules) wherein an employee is required to inform his superiors about his arrest or release on bail in a criminal registered against him (MHA letter No. 39/59/54-Est.(A) dated the 25th February, 1955). In light of these facts, I request you to provide legal opinion on whether an employee who is served upon 41A CrPc notice, is absolved from the his duty to inform his superiors about his arrest as required under CCS rules since he was not actually arrested . Does it also mean that an employee is not required to inform his employer or superiors about his being booked in an offence in which sentence is less than 7 years?
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1. Since service of notice u/s41a does not entail arrest as immediate consequence, it cannot be bounden duty to inform the superiors about service of such notice.
2. However since a criminal case is pending the employee on enlargement in bail,he should mention the pendency of the case to the employer.
3.In serious offences the police can arrest the person even without service of notice u/s 41A
Does the the expression enlargement on bail pertain to regular bail granted by a judge in court or it also includes the undertaking given by the accused in response to 41A notice?
Employee should inform employer about pending criminal case against him
2) if he has been arrested or released on bail he should inform his employer
3) if he is not arrested but merely issue notice under section 41 A not bound to inform the employer
Please be aware that just by summoning a person to the police station u/s 41A of cr.p.c. for inquiry into the complaint made against him will not be deemed that he is guilty of charges or that he has been arrested or remanded.
It is not necessary for the employee to inform his employer even if he is remanded and released on bail within 48 hours.
The department may initiate action as per CCS rules or any other prevailing law only when the employee is convicted and sentenced to undergo imprisonment.
Section 41, 41A, 41B of CrPC govern arrest by police without warrant
These sections were modified in amendment to Cr.P.C (Criminal Procedure Code) in 2010 to minimize abuse of powers of arrest by police, especially in cases like IPC 498a, which being a cognizable offence didn’t need a warrant for arrest.
Though the rule to inform the employer has been mandated vide the above letter referred blind eye to such incidents i.e., arrest on pre-trial and being released on bail subseuently.
In your case you have just been summoned, hence it is not an arrest. In practice even the authorities turn a blind eye to such incidents especially when this is due to the matrimonial disputes and wait for the final decision by court to initiate suitable departmental action if necessary.
Does the the expression enlargement on bail pertain to regular bail granted by a judge in court or it also includes the undertaking given by the accused in response to 41A notice?
Enlargement of bail is grant of regular bail by court.
However the undertaking given to the police officer when summoned under section 41A cr.p.c. is different to that of the bail.Granting of bail is against the arrest.