Section 41(2) in The Code of Criminal Procedure, 1973
(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 arrested accept under a warrant 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 police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of persons specified in Section 109 or Section 110].][41A. Notice of appearance before police officer - (1) [The police officer shall] [Inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 6.], 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 cognisable offence, to appear before him or at such other place as may be specified in the notice.
