Being summoned by the police can naturally cause anxiety. However, it's vital to be aware of your legal rights and remember your legal responsibilities in this situation. Whether you are called in for questioning, asked to provide information, or sent a police notice, responding correctly can help avoid legal complications. This also helps maintain a proper and lawful communication with the police. Having a clear understanding of your rights and responsibilities will allow you to handle the situation with confidence and protect yourself from unwanted legal trouble.

According to Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, if a police officer determines that an arrest is not necessary for a cognizable offence based on a complaint, information, or suspicion, they are required to issue a notice for the individual to appear before the police or at a specified location.

Section 35(4) BNSS further mandates that the individual who receives this notice must comply with the terms of the notice. While appearing generally eliminates the likelihood of arrest, failure to appear without a justifiable reason or non-compliance with the directives may lead to arrest, as it would be considered obstruction of the investigation.

Conversely, Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023, grants the police the authority to summon witnesses for investigative purposes. However, this section does not pertain to arrest.

Steps to take upon receiving a police summons:

When you receive a summons from the police, here are the necessary steps to take:

1. Stay Calm and Composed: Receiving a police summons can be stressful, but it is important to remain calm and handle the situation patiently without panicking. Expressing anger or agitation can worsen the situation and have a negative impact.
2. Review the Summons Documents Carefully: Read the received summons or notice in detail. Note the specified date, time, and location, and understand what is required of you to be present there.
3. Understand the Nature of the Summons: Try to understand why you have been summoned. Are you a witness, a complainant, an interested party, or a suspect? If the matter is clear, you can communicate properly with the police.
4. Seek Legal Advice: If you have any doubts or questions about the summons, consult with a qualified lawyer. They will inform you about your legal rights and responsibilities and will represent you in the interrogation and legal process if necessary.
5. Cooperate with Law Enforcement: Even though you have the right to remain silent and the right against self-incrimination, you should cooperate with the police while respecting the law. Answer the questions asked honestly, however, refrain from giving irrelevant or detrimental information. Be aware of your rights and act accordingly.
6. Exercise Your Rights: Every citizen is entitled to certain rights by birth. Among these, the right to remain silent and the right to legal aid are paramount. You are not obligated to answer any question if the response might incriminate you. These rights protect citizens from legal complexities and ensure justice.
7. Prepare for Interviews or Interrogations: If summoned or facing interrogation, thoroughly review all crucial information and documents related to the incident. Consult with an experienced lawyer to gain a clear understanding of your rights and avoid potential complications. Proper preparation will help you confidently handle the situation.
8. Maintain a Record of Your Communications: It's important to keep records of your conversations or communications with the police. Note down what questions were asked, what answers you provided, and what the officers said. If possible and legally permissible, consider audio or video recording the interactions.
9. Maintain Composure: During interviews or interrogations, maintain respect and be cooperative. Providing false information or misleading statements is a legal offence. Be cautious when answering police questions and avoid engaging in unnecessary arguments. Your every word can be important for the future.
10. Following Up and Seeking Legal Guidance: Document the topics discussed and any agreed-upon actions, fulfilling all commitments made, such as providing promised information without delay. If participation in legal proceedings was agreed upon, complete those requirements quickly. Should you have any questions or require clarity, immediately seek advice from a qualified legal professional to understand your rights and make informed choices. A legal professional can provide valuable guidance and protection throughout this process.
11. Police Duties - Understanding Your Rights During an Arrest: Law enforcement officers are prohibited from using unjustified physical harm against individuals, although reasonable force is permitted for self-defence or crime prevention. Coerced confessions and illegal searches are also forbidden. Following an arrest, individuals have the right to be presented before a magistrate or judge within 24 hours. The arresting officer is obligated to provide both an arrest memo and an inspection memo detailing the reasons for the arrest and the findings of any medical examination.

Furthermore, police must inform the arrested person of their rights and the basis for their arrest both verbally and in writing, and they must notify the person's family or acquaintances. However, as these procedures are not always followed, it's crucial to be aware of your rights and remain observant during an arrest. By following these guidelines, you can confidently navigate police interactions while protecting your legal rights. It is essential to maintain trust in the legal system and make informed decisions based on accurate legal advice and appropriate actions.

Allahabad High Court (Lucknow Bench) rules against oral summons by police:

A petition was filed in the Allahabad High Court concerning the case of Sarojini, who alleged that her parents, Ram Bilas and Sabitri, were summoned to the Lucknow women's police station and subsequently disappeared.
The petition was admitted as a habeas corpus petition. During the hearing on April 8, 2022, the Additional Government Advocate (AGA) representing the state informed the court that no such incident had occurred at the police station.

At the subsequent hearing on April 13th, the petitioners, Sabitri, Ram Bilas, and their daughter appeared in court and stated that they were summoned by certain police officers to the police station. Upon arrival, they were detained and threatened.

The Lucknow Bench of the Allahabad High Court ruled against the practice of police stations orally summoning individuals, particularly those accused of crimes. In its ruling on May 4, 2022, the court stated that the Officer in Charge (OC/IC) of a police station, or a subordinate officer authorized by them in writing, may not summon anyone without written notice.

The bench, comprised of Justices Arvind Kumar Mishra and Manish Mathur, clarified that if an accused person's presence is required for an investigation, it must be done in accordance with the Code of Criminal Procedure (CrPC) (now known as the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023). This dictates that an accused can only be summoned via a written notice after a case has been officially registered.

The court's verdict makes it clear that there is no legal basis for orally summoning or detaining individuals at a police station without registering an FIR (First Information Report). This is a clear violation of the Indian Constitution and the Code of Criminal Procedure.

The court directed the Uttar Pradesh government to ensure that written notices are mandatory when summoning any individual, including accused persons, to a police station. No subordinate police officer may orally summon anyone unless authorized to do so in writing by the Officer in Charge of the police station.

BNSS Section 35 -: Police Power to Summon Individuals:

Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) empowers the police to summon an accused person for preliminary investigation before arrest, helping to avoid unnecessary arrests. Essentially, it allows the police to question the accused and verify the validity of the allegations first. However, this provision does not apply to serious offences that could result in the death penalty, life imprisonment, or imprisonment for more than seven years. In such cases, the police can directly arrest the accused.

Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) mandates that individuals comply with the instructions outlined in a summons. Generally, appearing before the authorities as directed in the summons avoids immediate arrest. Nonetheless, Sections 35(6) and 35(7) of the BNSS permit an officer to arrest the accused if they deem it necessary, provided the officer documents the rationale for the arrest in writing. However, if the offense carries a potential imprisonment of less than three years, and the accused is infirm or over sixty years old, the police officer must first secure permission from the local Deputy Superintendent of Police before making an arrest.

Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023:

Under Section 94 of the BNSS a court or police station head can demand the production of documents, electronic communications, digital evidence, or other relevant materials needed for investigations, inquiries, trials, or proceedings through a summons or written order (physical or electronic). The individual holding the material is obligated to provide it at the designated time and location; however, if only production is required, they are not required to attend in person and can submit the item through a representative.

Section 179 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023:

Police investigating a case can compel individuals within their or a neighbouring station's jurisdiction to appear if believed to have relevant knowledge. Compliance is mandatory, but exceptions exist for young males (under 15), elderly males (over 60), women, disabled individuals, and the seriously ill, who are only required to be questioned at home. However, anyone in these groups may choose to appear at the police station instead. The government can create rules for reimbursing reasonable expenses for those attending investigations away from home.

Section 195 of the Bharatiya Nagarik Suraksha Sanhita, 2023:

Section 195 of the BNSS empowers police officers to summon witnesses when investigating unnatural death cases under Section 194 BNSS, compelling them to cooperate unless legally exempt.

Arnesh Kumar v. State of Bihar:

In the landmark 2014 case of Arnesh Kumar v. State of Bihar, the Supreme Court addressed arrest procedures, decreeing that when an offence carries a potential prison sentence of up to 7 years, police officers are legally obligated to issue a notice under Section 41A of the Criminal Procedure Code (CrPC), now Section 39 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), before making an arrest. This ruling emphasizes the importance of due process and seeks to prevent unnecessary arrests in cases where imprisonment is not the most appropriate course of action.

Conclusion:
If you receive a notice from the police, don't panic. Stay calm and understand your legal rights. Always treat the police with politeness and respect. Consult with a lawyer promptly, explaining your situation in detail. Keep a written record of everything you say and do, as this will be helpful later. Stay informed about the progress of your case and remain patient.

With proper preparation and caution, you can manage even difficult situations. In this situation, remember these three key points for legally handling the matter: First, have a clear understanding of your rights. Second, always maintain respect. And third, seek advice from an experienced lawyer and keep a detailed record of events. Additionally, it's also important to be aware of the police's authority.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: imranwahab216@gmail.com, Ph no: 9836576565