Delhi HC Lays Down Procedure For Issuance Of Notice Of Appearance Before Police Officers U/S 41A Cr.P.C. [Read Judgment]

The Delhi High Court recently laid down guidelines for issuing notice of appearance before police officers under Section 41A of the Code of Criminal procedure.The Bench comprising Acting Chief Justice Gita Mittal noted that the guidelines were being framed to ensure "transparency in the working of the police machinery and ensuring justice to suspect accused persons as well as those required to appear before the police".It clarified that the procedure needs to be mandatorily followed in the application of Sections 91 (summons to produce document or other thing), 160 (police officer's power to require attendance of witnesses) and 175 (power to summon persons) of the Cr.P.C. as well. The authorities have been directed to ensure strict compliance with the procedure by every police personnel. Besides, the Circular is to be posted on the official website of the Delhi Police, with effective measures to ensure adequate publicity of the same.In addition, the Circular is expected to be prominently displayed in English and vernacular languages in all police stations, in order to enable every person who visits the police station to be informed of the procedure that should be followed.The Court was hearing a Petition filed by one Mr. Amandeep Singh Johar, who had claimed that he, along with his parents and relatives, had to face proceedings before the Crime Against Women Cell, New Delhi at the instance of his wife. He had complained that despite having cooperated in the proceedings before the Cell, an FIR was registered against him under Sections 498A (husband or relative of husband of a woman subjecting her to cruelty) and 406 (criminal breach of trust) of the Indian Penal Code.Mr. Johar had now highlighted the treatment meted out to him during the investigation, alleging that he was regularly summoned to the Police Station without a written notice under Section 41A of the Code. He also relied on several circulars to contend that not only the guidelines were not being followed, they were also insufficient to ensure protection of the rights of the persons who are called for enquiries or are the subject matter of criminal investigations.Taking note of the importance of the issues raised by Mr. Johar, the Court opined, "...the issues raised by the petitioner are of seminal importance and impact the working of the Delhi Police and the rights of all persons who are called for enquiries or whose conduct is the subject matter of investigation at the hands of the police. It is only for this reason that we have examined the grievance made by the petitioner regarding the insufficiency and inefficacy of the available machinery on the above issues."Thereafter, taking into account the reports and suggestions put forth by the parties under the leadership of the Registrar General, the following procedure was laid down for issuance of notice by police officers under Section 41A of the Cr.P.C.:“(i) Police officers should be mandatorily required to issue notices under Section 41A Cr.P.C (in the prescribed format) formally to be served in the manner and in accordance with the terms of the provisions contained in Chapter VI of the Code. Model form of notice under Section 41A Cr.P.C is reproduced herein below:-“MODEL SECTION 41A Cr.P.C NOTICE Sr. No…………. Police Station …………….. To, [Name of Accused/Noticee] [Last Known Address] [Phone No./Email ID (if any)] Notice under Section 41(A) Cr.P.C. In exercise of the powers conferred under subsection (1) of section 41A of Cr.P.C., I hereby inform you that during the investigation of FIR/Case No. ………………. dated ………. u/s …………registered at SV & ACB Police Station ……………., it is revealed that there are reasonable grounds to question you to ascertain facts and circumstances from you, in relation to the present investigation. Hence you are directed to appear before me at ……. am/pm on …… at ……….Police Station. You are directed to comply with all and/or the following directions :- (a) You will not commit any offence in future.(b) You will not tamper with the evidences in the case in any manner whatsoever. (c) You will not make any threat, inducement, or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing, such facts to the court or to the police officer. (d) You will appear before the Court as and when required/directed. (e) You will join the investigation of the case as and when required and will cooperate in the investigation. (f) You will disclose all the facts truthfully without concealing any part relevant for the purpose of investigation to reach to the right conclusion of the case.(g) You will produce all relevant documents/material required for the purpose of investigation. (h) You will render your full co-operation/assistance in apprehension of the accomplice. (i) You will not allow in any manner destruction of any evidence relevant for the purpose of investigation/trial of the case. (j) Any other conditions, which may ...

Delhi HC Lays Down Procedure For Issuance Of Notice Of Appearance Before Police Officers U/S 41A Cr.P.C. [Read Judgment]

Apoorva Mandhani

Tags