What to Do If You Receive a Police Notice

Types of police notices

• Notice of appearance to a person accused, under Section 35(3) BNSS (formerly Section 41A CrPC)
• Notice to a witness to attend, under Section 179 BNSS (formerly Section 160 CrPC)
• Summons to produce documents or things, under Section 94 BNSS (formerly Section 91 CrPC)

The Section 35 notice

Where arrest is not required, police may issue a notice directing a person to appear. The person receiving it is under a duty to comply. If they comply and continue to comply, they shall not ordinarily be arrested in respect of the offence in the notice unless the officer records reasons. Failure to comply can lead to arrest.

What to do on receiving a notice

• Read it carefully and note the date, time, police station and case number
• Take legal advice before the appearance
• Carry the notice, identity proof and any relevant documents
• Answer truthfully; you may consult your advocate
• Keep a copy of anything you sign or submit

What to avoid

• Do not ignore the notice
• Do not destroy or alter documents or devices
• Do not contact witnesses or the complainant about the case