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When can an accused be arrested under Section 41 CrPC?
Arrest is not automatic on registration of an offence punishable up to seven years. The officer must record reasons under Section 41(1)(b) and issue notice under Section 41A; magistrates must not authorise detention mechanically.
General-purpose AI writes citations that read perfectly and sometimes refer to nothing at all. Advokacy retrieves first and reasons second — so there is nothing to invent.
“The position is settled by Rameshwar Prasad v. State of Maharashtra, (2011) 4 SCC 219, where the Court held that arrest must follow a written satisfaction…”
“Arrest is not automatic — Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 requires the officer to record reasons under s.41(1)(b) and issue notice under s.41A…”
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