BENGALURU: The Karnataka High Court directed the secretary of the Department of Home Affairs and Director General and Inspector General of Police to issue general guidelines to all Station House Officers (SHOs) to mention the crime number and offence alleged in the notice, which has to be issued to the accused to appear for inquiry under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Giving directions to issue guidelines to provide a copy of the First Information Report (FIR) while communicating the notice, the high court said: “In the event the 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.”
“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 up a checklist for all Station House Officers, akin to what other states have done, who would summon any person under Section 35 of the BNSS,” the court said, adding that the notice can be communicated to the noticee either through the conventional method or electronic mode.
Justice M Nagaprasanna passed the order while partly allowing the petition filed by Tavaragi Rajashekhar Shiva Prasad, questioning the notice dated June 6, 2024, issued by the Amruthahalli police station sub-inspector, calling on him to appear without disclosing the reason for issue of the same.
Senior counsel Aruna Shyam argued on behalf of the petitioner that notice was issued under Section 41A of the CrPC to the petitioner, without registering a crime against him, but a first notice was issued to the petitioner without mentioning the crime number and reason, which is abuse of the process of law. The second notice was issued with the crime number after the petitioner approached the high court, he argued.
The court said it is also necessary for the police department to bring in a robust system for the FIR to be uploaded immediately on registration, and make it search-friendly.