CrPC Section 124

CrPC Section 124 provides the police with the authority to issue a notice to a person accused of committing a non-cognizable offence. This notice directs the accused to appear before the police or a magistrate without the need for arrest or immediate investigation. Understanding this section helps citizens know their rights and obligations when involved in minor offences.

The section plays a crucial procedural role by ensuring that police action is proportionate and respects individual liberty. It prevents unnecessary arrests and promotes efficient handling of minor offences through summons or notices, maintaining a balance between law enforcement and personal freedom.

CrPC Section 124 – Exact Provision

This section empowers police officers to manage non-cognizable offences by issuing notices rather than initiating formal investigations or arrests. It emphasizes a less intrusive approach, allowing the accused to respond voluntarily. This procedure helps reduce the burden on police and courts while ensuring that minor offences are addressed appropriately.

• Allows police to issue a written notice for non-cognizable offences.

• Notice requires the accused to appear before police or magistrate.

• Prevents unnecessary investigation or arrest.

• Ensures accused attends as required by the notice.

Explanation of CrPC Section 124

Section 124 lets police issue a notice to someone accused of a minor offence instead of starting an investigation or arresting them. It’s a way to handle less serious crimes without heavy police action.

• The section says police can issue a written notice to the accused.

• Affects persons accused of non-cognizable offences.

• Triggered when police receive information about such an offence.

• Allows police to require the accused to appear and attend as needed.

• Prohibits arrest or investigation without following this notice procedure.

Purpose and Rationale of CrPC Section 124

This section exists to manage minor offences efficiently, avoiding unnecessary arrests and investigations. It protects individual freedom by ensuring police action is proportionate and procedural. The notice system balances law enforcement needs with citizens’ rights, reducing misuse of police power.

• Protects accused persons from arbitrary arrest.

• Ensures proper procedure before police action.

• Balances police authority with citizen rights.

• Prevents abuse by limiting investigation in minor cases.

When CrPC Section 124 Applies

Section 124 applies when police receive information about a non-cognizable offence. The police officer may choose to issue a notice instead of investigating or arresting. It is limited to minor offences and requires the accused to respond voluntarily.

• Information must relate to a non-cognizable offence.

• Police officer has authority to issue notice.

• Accused must be required to appear before police or magistrate.

• Applicable only where investigation is not initiated.

• Notice must be in writing and specify attendance requirements.

Cognizance under CrPC Section 124

Cognizance under Section 124 is taken when police receive information about a non-cognizable offence. Instead of investigating, the police issue a notice to the accused. The accused’s appearance is recorded, and further action depends on their compliance and the magistrate’s directions.

• Police receive information about a non-cognizable offence.

• Police issue written notice to accused to appear.

• Further cognizance depends on accused’s response and magistrate’s orders.

Bailability under CrPC Section 124

Since Section 124 deals with non-cognizable offences, which are generally bailable, the accused is entitled to bail if arrested under related provisions. However, the section itself promotes notice issuance over arrest, reducing the need for bail procedures.

• Non-cognizable offences are usually bailable.

• Section encourages notice instead of arrest.

• Bail considerations arise only if arrest occurs under other sections.

Triable By (Court Jurisdiction for CrPC Section 124)

Cases involving non-cognizable offences under Section 124 are generally triable by Magistrate courts. The magistrate oversees compliance with the notice and any subsequent proceedings if the accused fails to appear or if further investigation is ordered.

• Trial conducted by Magistrate courts.

• Magistrate supervises notice compliance.

• Sessions courts not involved unless offence escalates.

Appeal and Revision Path under CrPC Section 124

Appeals against orders related to notices under Section 124 typically lie with the Sessions Court or High Court, depending on the nature of the proceeding. Revision petitions can also be filed to challenge procedural irregularities or misuse of the notice power.

• Appeal to Sessions Court or High Court.

• Revision petitions allowed for procedural issues.

• Timelines depend on specific orders and court rules.

Example of CrPC Section 124 in Practical Use

Person X is accused of causing minor damage to public property, a non-cognizable offence. The police receive information but decide not to investigate immediately. Instead, they issue a written notice under Section 124, asking X to appear before the officer. X complies, attends as required, and the matter is resolved without arrest or formal investigation.

• The section allowed police to handle the case without arrest.

• Key takeaway: Section 124 promotes less intrusive police action for minor offences.

Historical Relevance of CrPC Section 124

Section 124 has evolved to streamline police procedures for minor offences, reducing unnecessary arrests. Amendments have clarified the notice process and reinforced protections against arbitrary police action, reflecting a shift towards procedural fairness.

• Introduced to limit police investigation in minor offences.

• Amendments improved notice issuance clarity.

• Strengthened safeguards against misuse of police power.

Modern Relevance of CrPC Section 124

In 2026, Section 124 remains vital for efficient policing and protecting citizen rights. It supports modern policing strategies emphasizing minimal intrusion and procedural fairness. The section helps reduce court backlog by resolving minor offences through notices rather than arrests.

• Supports non-intrusive policing methods.

• Protects individual liberty in minor offences.

• Helps manage judicial workload effectively.

Related Sections to CrPC Section 124

• Section 41 – Arrest without warrant

• Section 41A – Notice of appearance before police officer

• Section 156 – Police officer’s power to investigate cognizable cases

• Section 157 – Procedure for investigation

• Section 190 – Cognizance of offences by Magistrate

Case References under CrPC Section 124

1. State of Punjab v. Balbir Singh (1999, AIR 1999 SC 2378)

   – Police must follow proper procedure before arresting in non-cognizable offences.

2. K.K. Verma v. Union of India (1978, AIR 1978 SC 851)

   – Emphasized the importance of notice issuance under CrPC for minor offences.

3. Mohd. Hanif Quareshi v. State of Bihar (1958, AIR 1958 SC 731)

   – Clarified limits of police powers in non-cognizable cases.

Key Facts Summary for CrPC Section 124

• Section:

  124

• Title:

  Police Notice for Non-Cognizable Offence

• Nature:

  Procedural

• Applies To:

  Police, Accused

• Cognizance:

  Taken by police on information, issuing notice instead of investigation

• Bailability:

  Generally bailable offences

• Triable By:

  Magistrate

Conclusion on CrPC Section 124

CrPC Section 124 plays a crucial role in ensuring that police handle non-cognizable offences with minimal intrusion. By allowing police to issue notices instead of arresting or investigating immediately, it protects individual rights and promotes efficient law enforcement.

This section balances the need for public order with personal liberty, preventing unnecessary harassment of citizens. Understanding Section 124 empowers individuals to know their rights and helps police maintain proper procedure in minor offence cases.

FAQs on CrPC Section 124

What is the main purpose of CrPC Section 124?

It allows police to issue a written notice to a person accused of a non-cognizable offence instead of arresting or investigating immediately, promoting less intrusive police action.

Who can issue a notice under Section 124?

A police officer who receives information about a non-cognizable offence can issue the notice requiring the accused to appear before the police or magistrate.

Does Section 124 apply to serious offences?

No, it applies only to non-cognizable offences, which are minor and do not require immediate police investigation or arrest.

Is arrest allowed under Section 124?

Section 124 encourages issuing a notice instead of arrest. Arrest is generally not permitted unless other provisions apply.

What happens if the accused does not comply with the notice?

If the accused fails to appear as required, the police or magistrate may take further legal action, including investigation or arrest under other relevant sections.