A view of the Karnataka High Court.
Credit: DH File Photo
Bengaluru: The Karnataka High Court has directed the Home department, State DGP and IGP to issue necessary guidelines on issuance of summons by the police under section 35 of Bharatiya Nagarik Suraksha Sanhita (BNSS).
Justice M Nagaprasanna said that it is the duty of the Station House Officer (SHO) to mention the crime number as well as a copy of the FIR registered against the noticee.
As per section 35(4), issuance of a notice to any person is permitted and the noticee shall be bound to comply with the terms of the notice. Section 35(6) further stipulates that if a person fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may arrest him for the offence mentioned in the notice, , subject to such orders passed by the competent Court.
“Therefore, the rigour is a little stronger. Stronger the rigour, the noticee is required to know all that he has to reply, prior to his appearance before the Police. It, thus, becomes mandatory for a notice to be issued under Section 35 of the BNSS to mention the crime number, the offence alleged in the crime so registered and necessarily append to it a copy of the FIR so registered, as any person who receives the notice must be aware for what he is being summoned to the Police Station,” Justice Nagaprasanna said, adding that these can be communicated to the notice either through the conventional method or through electronic mode.
The court further said that in the event notice does not contain the crime number, the offence alleged or appending of the FIR, subject to just exceptions, the noticee is not obliged to appear before the officer who has directed him to appear and no coercive action can be taken for non-appearance. “It is also necessary for the Police Department to bring about a robust system for the FIR being uploaded immediately on their registration and make it search friendly,” the court said.
The instant petition was filed by TR Shivaprasad, a journalist. He challenged the notice sent on WhatsApp on June 6, 2024 by the Sub Inspector of Amruthahalli police station under Section 41(1)(a) of the CrPC, requiring him to appear the next day. The court was told that a second notice was issued to the petitioner on June 10,2024 by mentioning the crime number.
The court observed that the second notice, containing the crime number and offences alleged, is legally sustainable. “In the light of the mandate of law under Sections 41 and 41-A of the CrPC, which is now under Section 35 of the BNSS, it becomes necessary to the State to issue guidelines drawing a check list to all those Station House Officers, akin to what other states have done, who would summon any person under Section 35 of the BNSS,” the court said.