Police should now give a copy of FIR along with notice while asking any person to come for questioning: Karnataka High Court

A view of the High Court of Karnataka
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In a judgment aimed at checking the abuse of power by the police, the High Court of Karnataka has now made it mandatory for the State police to provide a copy of the first information report (FIR) along with the notice summoning a person to appear for questioning or investigation either as a witnesses or a suspect in connection with a criminal case.

Such notices, issued under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 41 of the erstwhile Code of Criminal Procedure), should also contain the crime number and the offences alleged, the court said.

‘No need to appear’

Also, the court made it clear that if such notice by the police does not contain the crime number and the offences alleged or the FIR, the noticee is not obliged to appear before the police officer, who has directed him to appear, and in such a case the police cannot take coercive action against the noticee for non-appearance.

Justice M. Nagaprasanna delivered the verdict while partly allowing a petition filed by T.R. Shiva Prasad of Bengaluru. The petitioner had questioned the legality of a notice issued to him through WhatsApp by the Amruthahalli police in Bengaluru, under Section 41(1)(a) of the Cr.PC in June 2024, without providing him the crime number despite his request sent as a reply to the notice served on him through the app.

Direction to police

While asking the State government to issue guidelines to the police based on its directions, the court also issued a model format to be followed by the police while issuing notice under Section 35 of the BNSS from now on and till the government comes out with the detailed guidelines in this regard.

Noticing that Section 35 gives ample power to the police even to arrest a person following the notice, the court observed, “Stronger the rigour, the noticee is required to know all that he has to reply, prior to his appearance before the police.”

Thus, the court said, “It becomes mandatory to mention the crime number, the offence alleged in the crime so registered and necessarily append a copy of the FIR to such notice, as any person who receives the notice must be aware for what he is being summoned to the police station”.

“The noticee must be aware of why he is being summoned to the police station, as summoning to the police station is not summoning a person to a happy place. A citizen must know as to why he is being summoned. The information to the citizen cannot be half baked; it must be in full,” the court said while making it clear that such notice can be transmitted electronically but even in such a case it should contain all the components.