(1)Any officer may an order from a Magistrate and a , any person -(a)[ who commits, in the presence of a office, a cognisable offence; [Substituted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 5(i), for Cls. (a) and (b). Prior to their substitution, Cls. (a) and (b) read as under:- [(a) who has been concerned in any Cognisable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or (b) who has in his possession lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or].](b)against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognisable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or fine, if the following conditions are satisfied, namely :-(i)the has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;(ii)the officer is satisfied that such is necessary -(a)to prevent such person from committing any further offence; or(b)for proper investigation of the offence; or(c)to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or(d)to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the officer;or(e)as unless such person is ed, his presence in the Court ever required cannot be ensured and the officer shall record while making such , his reason in writing;[Provided that a officer shall, in all the cases where the of a person is not required under the provision of this sub-section, record the reasons in writing for not making the .](ba)against whom credible information has been received that he has committed a cognisable offence punishable with imprisonment far a term which may extend to more than seven years whether with or fine or with death sentence and the officer has reason to believe on the basis of that information that such person has committed the said offence;](c)who has been proclaimed as an offender either under this Code or by order of the State Government; or(d)in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or(e)who obstructs a officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or(f)who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or -(g)who has been concerned in, or against whom reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or(h)who, being a released convict, commits a breach of any rule, made under sub-section (5) of section 356; or(i)for whose any requisition, whether written or oral, has been received from another officer, provided that the requisition specifies the person to be ed and the offence or other cause for which the is to be made and it appears therefrom that the person might lawfully be ed a by the officer who issued the requisition.
(2)[ Subject to the provisions of Section 42, no person concerned in a non-cognisable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be ed accept under a or order of a Magistrate.] [Substituted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 5 (ii), for sub-Section (2) Prior to its substitution, sub-Section (2) read as under :- [(2) Any officer in charge of a station may, in like manner, or cause to be ed any person, belonging to one or more of the categories of persons specified in Section 109 or Section 110].][41A. Notice of appearance before officer - (1) [The officer shall] [Inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 6.], in all cases where the 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 cognisable 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 ed in respect of the offence referred to in the notice unless, for reasons to be recorded, the officer is of the opinion that he ought to be ed.
(4)[ Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the officer may, subject to such orders as may have been passed by a competent Court in this behalf, him for the offence mentioned in the notice.] [Substituted by Act No. 41 of 2010.]
