Karnataka High Court Quashes Quashes Police Notice, Mandates Detailed Procedure for Summoning Accused U/S 35 of BNSS

In a landmark decision, the High Court of Karnataka quashed a police notice issued under Section 41(1)(a) of the Criminal Procedure Code (Cr.P.C.), underscoring the requirement for police notices to include specific crime details and provide the accused with the First Information Report (FIR). The judgment delivered by Justice M. Nagaprasanna mandates that police officers must follow stringent guidelines when issuing notices to ensure that the accused are fully informed of the charges against them.

Guidelines for Issuing Notices Under Section 41 and 41A Cr.P.C. and U/S 35 of BNSS

All notices issued under Section 41A must explicitly mention the crime number and the specific offence alleged. This information can be communicated through conventional methods or electronically.

Attachment of FIR Copy:

A copy of the First Information Report (FIR) must be attached to the notice. The FIR provides a detailed account of the complaint and the charges, ensuring that the noticee is fully aware of the allegations.

Detailed Communication:

The notice should not only include the crime number but also the purpose of the summons. It is mandatory to provide complete information to the accused.

Electronic Communication:

While notices can be transmitted electronically, they must still comply with all requirements, including attaching the FIR and providing all necessary details.

Clear Notice Format:

The format of the notice must adhere to specific standards, including the inclusion of the crime number, the alleged offence, and a copy of the FIR. This ensures uniformity and clarity in communication.

Mandatory Compliance

Non-Compliance Consequences:

If a notice fails to include the required details such as the crime number, offence description, and a copy of the FIR, the noticee is not obliged to appear before the officer. No coercive action can be taken for non-appearance under such circumstances.

Robust System for FIR Access:

The police department is required to implement a robust system for the immediate uploading and easy access of FIRs upon registration. This system should be user-friendly and ensure that the accused can readily obtain necessary information.

Model Format for Notices

The guidelines include a model format for notices under Section 41A, ensuring that all required details are consistently communicated. The format includes:

Notice Number

Police Station Details

Name and Address of the Accused

Crime Number and Date

Sections Under Which the Crime is Registered

Date, Time, and Place of Appearance

Conditions to be Followed by the Accused

Signature and Designation of the Issuing Officer

Additional Directives

Training and Sensitization:

The police department must conduct training programs for officers to ensure effective compliance with the new guidelines. This includes sensitizing officers to the importance of clear and detailed communication.

Public Awareness:

Efforts must be made to inform the public about their rights and the new procedural requirements. This includes displaying the guidelines prominently in police stations and providing information through public awareness campaigns.

The Home Department and the Director General and Inspector General of Police (DG & IGP) of Karnataka are directed to report compliance with these guidelines within eight weeks of the order. This ensures accountability and continuous monitoring of the implementation process.

The petitioner, Sri Tavaragi Rajashekhar Shiva Prasad, a renowned journalist, received a notice via WhatsApp on June 6, 2024, from the Sub-Inspector of Amruthalli Police Station, directing him to appear before the police. The notice, issued under Section 41(1)(a) Cr.P.C., did not mention any specific crime number or the details of the alleged offence, leading to confusion and a request from the petitioner for more information, which went unanswered. Subsequently, a second notice was issued on June 10, 2024, which included the crime number but still lacked a copy of the FIR.

Court Observations and Views

Notice Requirements Under Section 41 and 41A Cr.P.C.

Justice Nagaprasanna highlighted the differences between Sections 41 and 41A of the Cr.P.C. Section 41 deals with the arrest of persons without a warrant, while Section 41A pertains to issuing notices when arrest is not immediately necessary. The judge emphasized that notices under Section 41A should clearly state the crime number, the nature of the offence, and must include a copy of the FIR to ensure the accused is fully aware of the reasons for their summons.

Importance of Detailed Communication

The court stressed the necessity of providing detailed information to the accused in such notices. “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,” Justice Nagaprasanna noted. The ruling mandates that the police must attach a copy of the FIR to the notice, ensuring transparency and enabling the accused to understand the charges against them.

Compliance with New Legal Provisions

The court also referenced the upcoming Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which consolidates Sections 41 and 41A into a single provision, Section 35. The new law reinforces the requirement for detailed notices and mandates that the accused be provided with all relevant information, including crime numbers and FIRs, to comply with the legal process.

Quotes from the Judgment

Justice M. Nagaprasanna remarked, “The notice so issued under Section 35 of the BNSS to mention the crime number and the offence alleged in the crime number. This can be communicated to the noticee either through the conventional method or through electronic mode.” He further added, “The duty of the Station House Officer would not stop at mentioning crime number, but he should also attach to the communication, a copy of the FIR, so registered against the noticee.”

The High Court of Karnataka’s ruling has significant implications for the procedural conduct of police officers in issuing notices under Sections 41 and 41A of the Cr.P.C. By mandating detailed communication and the provision of FIRs, the judgment seeks to uphold the rights of the accused, ensuring they are fully informed of the charges against them. This landmark decision is expected to bring greater transparency and fairness in the judicial process, reinforcing the legal framework for addressing procedural lapses in police notices.

Date of Decision: July 19, 2024

Sri Tavaragi Rajashekhar Shiva Prasad v. State of Karnataka