There is no automatic arrest
2) police has to issue you notice to record your statement
3) obtain copy of FIR filed against you
4) then apply for and obtain Anticipatory bail from sessions court
Can police arrest NRI without 41a notice
Hi , my wife has filled 498a fir on 6th November 2019 however no notice of 41a is given . i am working in singapore . i spoke to io and he gave assurance that no arrest will happen . i was planing to visit india on 16th November and directly go for bail however Io suggested no need to take bail and directly visit him and take 41a notice and give statement and leave Few friends suggested that it could be trap from io and he may directly arrest me giving excuse to court that i may flee or become absconding . and friends are suggesting to appear in court for bail and then visit io though amresh kumar judgement guidelines are there as per my knowledge police has power of arrest if they see necessity . need clarification as below 1) is there possibility that Io will directly server 41b and make a arrest without giving 41b notice giving excuse that i will flee or become absconding ? 2) can i trust io or is it advisable to apply for bail first and then visit io
Asked 6 years ago in Criminal Law
Religion: Muslim
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24 Answers
Hi Thanks for response. Understand that no automatic arrest applies now does it also applies in case of Nri ? Opposition can always pressurise saying nri will flee or even io can use this grounds as excuse How does it works these days for nri.
Asked 6 years ago
First take anticipatory bail and then only appear before police
It also applies in case of NRI
2) court can while granting bail impose conditions for your travel abroad
3) you can go abroad with court permission
1. There are no special privileges for NRI's or Anybody, under the Indian Laws.
2. You can engage a lawyer and obtain Anticipatory Bail (AB), EVEN without visiting India, which is more so specifically rather then being apprehensive and trusting an indian law agency for anything. This can be done.
3. Once you have obtained AB, THEN you can freely visit India without any apprehensions or whatever .... and appear before the police for your statements ....
When no 41a notice is issued to you, why are you planning to come India and to meet police .
There is no need to meet IO till notice is served upon you.
498a has lost its gravity due to filing of false cases through out the country. Hence Supreme Court has issued some mandatory guidelines to be followed by police before making any arrest on the charge of 498a.
Police has to make a preliminary investigation as to the truth in the allegations and a local committee should also made enquiry to the matter and report to police. Based on such finding if it becomes necessary then only police can arrest the accused .
1. Police may directly arrest.you they have power to do so, so in this case you engage an advocate as soon as you are in India apply for the anticipatory bail. Once you receive same then you can visit police station.
2. First apply for anticipatory bail.
1. See the police can arrest directly now also in 498a case after Supreme court over turned it's judgement so it is advisable to seek the anticipatory bail.
1. You should take anticipatory bail and should then only visit the police at the police station
Yes that is tight. The police can arrest you saying that you have a high chance of escaping
- As per Supreme Court , All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41of Cr.PC.
- Hence, if accused is joining the investigation , then the I.O. cannot arrest as per law.
- Otherside, Notice under section 41a CrPc is a formal intimation to accused that they going to arrest accused on cognizable offence.
- Since you are working in Abroad , then it is suggested to take Anticipatory bail from the session court before coming to India.
- Further, when you will be on bail , then court will grant you permission to travel abroad as well , without any interuption.
Before you visiting to police station to meet IO kindly send first your any family member and talk on further situation understand the things,
Be ready with lawyer to take AB and than proceed further.
Dear Sir,
You may appear before the police and explain the things it will be issued only when police not intending to arrest. please see the following judgment of CALCUTTA HIGH Court.
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A notice under section 41A CrPC is necessary where police decides not to arrest an accused and not where arrest is necessary for the purpose of investigation.
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Calcutta High Court (Appellete Side)
Sarifuddin Mondal vs Unknown on 29 July, 2015
Author: Ashim Kumar Roy
“41-A. Notice of appearance before police officer.—(1) The police officer shall, 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) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.
(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.
(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.”
Apply for Anticipatory Bail.
Regards
G.Rajaganapathy
High Court of Madras
You should apply for anticipatory bail first. Then go ahead and meet the IO.
You will not be automatically arrested but why take a chance. Apply for anticipatory bail.
You will get it from the district court.
Applies on all citizens, only difference is NRI is out of reach so his presence is must otherwise arrest for sure, so apply for anticipatory bail.
1. The police may arrest you and remand you to judicial custody without giving you an opportunity to defend your interest or even time for applying for anticipatory bail.
My suggestion is that you better dont even apply for anticipatory bail, because as a condition imposed to grant you bail, the court may direct you to deposit your passport which will be kept under the custody of court till the disposal of the criminal case against you.
This will ruin your career or future employment prospects and it will shatter your dreams to work in abroad and earn a handsome money for your future.
So better dont visit India even though you have planned to visit for this purpose, no harm will be caused to you even if you dont respond to the calls by police, you cannot be extradited for this reason, the police have no powers to do so.
2. Read the above answer, it answers all your further queries.
The law is common for all, once you are in India, you are bound to obey the law of the land.
you are getting into unnecessary trouble if you plan to visit India for obtaining anticipatory bail.
\Mind it yo will not be able to return to the country of your employment/settlement till such time the pending criminal case is disposed.
Once you dont return to India, you can be very safe in that country.
Notice u/s 41a CrPC is a formal intimation to accused that they going to arrest accused on cognizable offence ( based on the inquiry ) . As long as you are co-operating for the investigation, police 'may not' arrest you..
On lodging the FIR first of all Police will ascertain it their end as to whether there exits prime facie any case under Sec 498 A and thereafter if they are satisfied about existence of the case, they will call you for investigation before arresting you. Now a days police can't straight away arrest you. .
If 498A case is filed, you need to obtain AB fly after obtaining AB. You can fly immediately if you have no time to apply for bail. Pendency of criminal case is no hindrance in flying abroad. Unless the court has restrained you from travelling abroad you are at liberty to travel.
If 498A case is filed, you need to obtain AB fly after obtaining AB. You can fly immediately if you have no time to apply for bail. Pendency of criminal case is no hindrance in flying abroad. Unless the court has restrained you from travelling abroad you are at liberty to travel.
Yes IO can take you under custody and produce you in court without serving you any notice.
You should file anticipatory bail before appearing before police.
1. Arrest under 498A cannot be done unless notice under 41A Cr.P.C has been served. However, there have been certain cases where cops have flouted this mandatory provision and arrested the accused without complying with 41A Cr.P.C.
2. Apply for anticipatory bail once 41A Cr.P.C is served. Alternatively, you may file a petition for quashing of FIR and seek a stay on FIR without waiting for 41A Cr.P.C.
1. No arrest can be made without conducting investigation in to the matter based on the 498A complaint as per the Judgement passed by the Apex court. However, no body can predict what is in the mind of the IO in the instant matter.
2. No body should be trusted blindly in such matters. Avail anticipatory bail now if FIR has been registered u/s498A of IPC based on the complaint lodged by your wife. After availing AB, tke regular bail from the trial court duly submitting the order of the anticipatory bail and thereafter meet the IO as many time as you wish to being free from any tension arising out of uncertainty.
1. Why NRI, Resident Indians also can fly.
2. Arrest can not be made based on anticipation but on hard evidence.
3. Avail AB first and then meet the IO and ensure that he submits charge sheet at the earliest keeping lots of loopholes in it to enable you to get the said FIR quashed by filing the petition u/s482 of Cr.P.C. before the High Court based on the said loopholes.