Anti Corruption Team ACT help desk Knowledgebase Law and Legal Remedies - Litigation Process Acts-Laws-Rules and Regulations CrPC - Criminal Procedure Code S41-42 S41.A
Section 41A should be applied to petty offenses under the Indian Penal Code, 1860, and not economic offences.
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Section 41A should be applied to petty offenses under the Indian Penal Code, 1860, and not economic offences.

Section 41A

 V. Senthil Balaji v. State Represented by Deputy Director and Others, Criminal

 Made by appeal no.  2284-2285 of 2023

 supreme court of india

 The apex court also observed that Section 41A of CrPC was introduced to protect the liberty of an individual as per the interpretation of the said provision in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 and other judgments.  The Supreme Court also cited the 177th report of the Law Commission which said that the police should pay more attention to serious crimes and economic offenses rather than minor crimes.  According to the said report, the need to bring in Section 41A came from an attempt to end the practice of arresting individuals for minor offenses and keeping them in jail for long periods.  The Supreme Court thus concluded that Section 41A should be applied to petty offenses under the Indian Penal Code, 1860, and not economic offences.

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Article Details

Article ID:
4008
Category:
S41.A
Date added:
2023-12-03 09:59:37
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