Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Police Officers Issuance of Notices under BNSS - According to the sources, police officers in India can issue notices to accused foreigners under Sections 63, 64, and 71 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), but such notices must be issued through a court process. Specifically, notices issued by police under Section 35 of BNSS (analogous to Section 41-A of CrPC) are distinct from summons issued by courts under Sections 63, 64, and 71, which require court authority and proper sealing or court seal when served ["2025 6 Supreme 227"], ["2024 0 Supreme(All) 1619"], ["2024 0 Supreme(All) 1037"].
Court vs. Police Notices - Summons under Sections 63 and 71 of BNSS are issued by courts following legal procedures, including issuance on the court’s order, and must be served by police or authorized officials, often requiring the court’s seal ["2025 6 Supreme 227"], ["2024 0 Supreme(All) 1619"]. Notices issued directly by police under Section 35 (or Section 41-A of CrPC) are investigative notices and are not equivalent to court summons, but they are mandated for certain offences and must be served within specified timelines ["2025 6 Supreme 227"], ["2025 Supreme(Online)(Kar) 30327"].
Procedure for Foreigners and Corporates - For foreigners or corporate entities, notices must specify the allegations and attach relevant documents. Police cannot arbitrarily issue notices without proper information or court approval. In cases involving foreign accused persons, notices issued by police must follow the legal framework, but they cannot replace court summons issued under Sections 63, 64, or 71, which require judicial authority ["2013 0 Supreme(Gau) 4"], ["2025 Supreme(Online)(Kar) 24817"].
Summary - Police officers can issue notices to foreigners under Sections 63, 64, and 71 of BNSS only through court proceedings, i.e., court-issued summons. Notices issued under Section 35 of BNSS by police are investigative in nature and serve as preliminary notices, but they do not substitute court summons. Proper legal procedures, including court approval and sealing, are mandatory for summons, especially when dealing with foreigners or corporate entities ["2025 6 Supreme 227"], ["2024 0 Supreme(All) 1619"].
Conclusion:Police officers cannot issue notices to foreigners directly under Sections 63, 64, or 71 of BNSS without court involvement. Such notices must be issued through a court order and served as summons, which require judicial authority and proper formalities. Notices under Section 35 of BNSS are investigative and serve a different purpose, not replacing court summons issued under the relevant sections ["2025 6 Supreme 227"], ["2024 0 Supreme(All) 1619"].
References:- 2025 6 Supreme 227- 2024 0 Supreme(All) 1619- 2013 0 Supreme(Gau) 4- 2025 Supreme(Online)(Kar) 30327- 2025 Supreme(Online)(Kar) 24817
In the evolving landscape of Indian criminal law, the , has introduced streamlined procedures for investigations and trials. A common query arises: Can a Court after Issuing Notice to the Accused in a Criminal Complaint Conduct Inquiry as Mandated under ? This question often intersects with challenges in serving notices, particularly to accused persons located abroad. While domestic service is straightforward, international service raises complex . This post delves into the legal framework, limitations, and practical insights, drawing from key provisions and judicial precedents. Note: This is general information and not specific legal advice; consult a qualified lawyer for your case.
Law enforcement authorities cannot serve notices to foreign accused persons under Sections 63, 64, and 71 of the BNSS via court procedures. These provisions explicitly pertain to judicial proceedings within India and require communication in a form that bears the court's seal or digital signature. 2025 6 Supreme 227 Serving notices to foreign accused would involve international communication mechanisms outside the scope of these provisions, which are primarily designed for domestic judicial processes. 2025 6 Supreme 227
This distinction ensures that domestic tools aren't stretched beyond their intent, preventing procedural lapses in cross-border matters.
These sections specify procedures for within-country service, highlighting the need for physical or verified delivery methods tailored to Indian jurisdiction.
Judicial proceedings under BNSS involve evidence taken on oath and are conducted within the court's jurisdiction. 2025 6 Supreme 227 Notices must be authenticated via court seal or digital signature, ensuring verifiability in domestic contexts. Courts have reinforced strict adherence to these modes. For instance, service through WhatsApp or electronic modes is not recognized as a substitute for prescribed methods under BNSS Section 35(3) (equivalent to old CrPC 41A).
Pavankumar VS State of Karnataka Through Adugodi P. S. , Rep. by State Public Prosecutor
Service of notice through WhatsApp or other electronic modes cannot be considered or recognised as an alternative or substitute to mode of service recognised and prescribed under /BNSS, 2023.Pavankumar VS State of Karnataka Through Adugodi P. S. , Rep. by State Public Prosecutor
Similarly, directions from higher courts mandate Standing Orders for police to use only statutory service modes for notices under Sections 35, 179, and 195 BNSS. 2025 1 Supreme 719 This underscores the emphasis on formal, traceable service even domestically.
Serving foreign accused falls outside these provisions, as they do not provide for international or cross-border service. 2025 6 Supreme 227 Instead, mechanisms like (MLAT) or diplomatic channels are typically required. The legal framework distinguishes between investigation, inquiry, and judicial proceedings, noting that judicial notice procedures aren't interchangeable for international service. 2025 6 Supreme 227
In practice, courts have highlighted fair process in inquiries. For example, in a bail application, the court mandated that notice of allegations should be provided to accused individuals prior to any legal action, ensuring fair process. 2025 Supreme(Online)(Ker) 42001 Without proper notice outlining allegations, proceedings risk being challenged.
mandates inquiries in certain criminal complaints after issuing notice to the accused. However, if the accused is foreign, the court's ability to proceed hinges on effective service. Absent proper international service, conducting inquiry may be stalled. Courts generally proceed only after confirmed notice service, aligning with .
Judicial precedents emphasize procedural rigor:
In cyber crime investigations, courts have directed (SITs) and stressed competent handling, including proper notices. 2025 Supreme(Online)(KAR) 11909 The court emphasized the necessity of a Special Investigation Team for complex cyber crimes to ensure a fair and competent investigation. 2025 Supreme(Online)(KAR) 11909
Bail applications under BNSS Section 483 (old 439 CrPC) often turn on notice compliance. In one case involving sexual offences, bail was considered based on detention duration and notice fairness, but denied initially due to gravity. 2025 Supreme(Online)(Raj) 13625
For offences with less than seven years' punishment, courts direct appearance via proper BNSS Section 35(3) notices, quashing improper electronic services. 2025 Supreme(Online)(Tel) 18659
In POCSO-related matters, young accused received bail with conditions post-proper notice, preventing witness tampering. 2025 Supreme(Online)(Ker) 16184 The court held that the young age of the accused and the duration of detention justified granting bail, despite serious allegations, with conditions. 2025 Supreme(Online)(Ker) 16184
These cases illustrate that courts prioritize authenticated notice service before inquiries or arrests, a principle extending to mandates.
No explicit BNSS provisions cover foreign service directly. 2025 6 Supreme 227 Exceptions might arise via treaties, but domestic seals/digital signatures remain India-centric. Electronic service is curtailed, as seen in mandates against WhatsApp. 2025 1 Supreme 719 Notices under / can be issued only through mode of service as prescribed under /BNSS, 2023. 2025 1 Supreme 719
In summary, while courts can conduct inquiries under post-notice to domestic accused, serving foreign accused via Sections 63, 64, or 71 is not feasible due to their domestic focus. 2025 6 Supreme 227 International mechanisms are essential for compliance. Key takeaways:
Pavankumar VS State of Karnataka Through Adugodi P. S. , Rep. by State Public Prosecutor
This framework promotes justice while respecting jurisdictional boundaries. For tailored advice, engage legal experts familiar with BNSS and international law.
#BNSS #CriminalLaw #LegalNoticeIndia
To consider the same, this Court must delve into the nature of proceedings pertaining to a notice under Section 35 of the BNSS, 2023 vis-a-vis a summons under Sections 63, 64 and 71 of the BNSS, 2023. 32. ... Section 64 of the BNSS, 2023 has been brought to the attention of this Court#HL_E....
Further, Section 64 of BNSS, 2023 is quoted herein below :- “64. ... Further, Section 63 of BNSS, 2023 is quoted herein below :- “63. Form of summons. ... In the event, summoning order is passed by the court concerned against an accused person, a summon is to be issued as per section 61 (#HL_START....
Act) and Section 420 IPC in Police Station-Luxa, District-Varanasi pending in the Additional Court, Varanasi. 3. ... Section 65 of the BNSS also prescribes that summons of a company or corporation may be served through the Director apart from the Manager, Secretary and other Officers of the company. In Section 63 Cr.P.C. word “Director” was missing. ......
As to the issue of notice of appearance under Section 35(3) of BNSS (i.e., Section 41-A of CrPC), the Court observed that such notice must be served on the accused within two weeks from the date of institution of the case, with an extension by the Superintendent of Police possible ... 64, and audit under Sections 65 ....
According to the learned counsel for the petitioners, though a notice under Section 63 of the Kerala Police Act, 2011 [for short, ‘the Act’]; was issued, he is unaware of the facts pertaining to such a notice and without the nature of allegations being made available, he ... Further, if in case the Police require the presence of the petitioners under Section #HL_START....
He would take this Court through a notice formation of a team on 25/12/2024 directing arrest of the accused. The notice on the next day, gets converted to a 35(3) of BNSS notice with certain conditions. ... He would take this Court through a notice formation of a team on 25/12/2024 directing arrest of the accused. The notice....
Section 4 83 of BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. ... Accordingly, the bail application preferred by the petitioner under Section 483 of BNSS (439 of Cr.P.C.) is rejected at this stage. ... It is submitted that the accused-petitioner is in custody since 10.12.2024 and the trial of the case will take sufficiently long time; therefore, the ....
BNSS (previously section 41-A of Criminal Procedure Code, 1973) and also the guidelines formulated by the Hon’ble Supreme Court of India in Arnesh Kumar v. State of Bihar , [(2014) 8 SCC 273] scrupulously. ... The allegations leveled against the petitioner pertain to the offences under Section 318(4) BNS, Section 63 of Copy rights Act and Sections 103 and 104 of Trademarks Act , which a....
At this stage, the Court is not called upon to finally decide the issue of confiscation. ... Accordingly, this is a fit case to exercise the power under Section 497 of the BNSS, 2023 (and, where applicable, Section 503 of the BNSS) to order interim release, subject to stringent safeguards. 36. ... Section 51 of the NDPS Act and Section 5 of the Cr.P.C.....
Petitioner is the sole accused in Crime No.1552 of 2024 of Ettumanoor Police Station, registered for the offences punishable under Section 63(a) & (b) , 63(d)(vi) & (vii), 64, 69, 74 ORDER This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’). ... been granted by this....
d) All the High Courts must hold meetings of their respective Committees for “Ensuring the Implementations of the Decisions of the Apex Court” on a monthly basis, in order to ensure compliance of both the past and future directions issued by this Court at all levels, and to also ensure that monthly compliance reports are being submitted by the concerned authorities. b) All the States/UTs while issuing Standing Orders to their respective Police machinery relating to Section 41-A of CrPC, 1973....
DIRECTIONS 11. Having heard the parties and having deliberated upon the aforesaid submissions, this Court in furtherance of Paras. 100.2, 100.8 and 100.9 of Satender Kumar Antil v. CBI & Anr. (2022) 10 SCC 51, and its previous directions contained in earlier orders, deems it necessary to issue the following directions : b) All the States/UTs while issuing Standing Orders to their respective Police machinery relating to Section 41-A of CrPC, 1973/Section 35 of BNSS, 2023 must be issued strict....
Section 71 of the Commonwealth of Australia Constitution Act (63 & 64 Vict. Chapter 12) provides that the judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as Parliament prescribes.
Chapter 12) provides that the judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as Parliament prescribes. Section 71 of the Commonwealth of Australia Constitution Act (63 & 64 Vict.
The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as Parliament prescribes. Section 71 of the Commonwealth of Australia Constitution Act (63 & 64 Vict. Chapter 12) provides that the judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as Parliament creates, and in such other courts as it invests with federal jurisdiction.
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