Party Not Required To Appear Before Police If Summons U/S 35 BNSS Does Not Contain Crime Number, Details Of Offence Alleged: Karnataka HC
7 months, 3 weeks ago

Party Not Required To Appear Before Police If Summons U/S 35 BNSS Does Not Contain Crime Number, Details Of Offence Alleged: Karnataka HC

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The Karnataka High Court has said that in the event a notice issued by the police summoning a citizen under Section 35 of the BNSS does not contain the crime number, the offence alleged or the 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 against him. The court said till the same is issued, the notice under Section 35 of the BNSS shall mention the crime number and the offence alleged in the crime number and can be communicated to the noticee either through conventional methods or through electronic mode. The court issued the directions while considering the petition filed by a senior Journalist Tavaragi Rajashekhar Shiva Prasad who had questioned the notice issued under Section 41-A through WhatsApp by the Amruthalli police station, on June 6, summoning him to appear the next day without mentioning the FIR number. During the hearing the police submitted to the court that the first notice dated June 6 was inadvertently issued without the case number and after the petition was filed, another notice was issued on June 10, containing the necessary details.

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