Bharatiya Nagarik Suraksha Sanhita, BNSS 35 (3) Notice In Cyber Crime

 

 Advocate Neeraj T Narendran, Cyber Lawyer Kerala | High court of Kerala

The police officer shall, in all cases where the arrest of a person is not required under sub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

Substituted provision of Crpc

Section 41(1) in The Code of Criminal Procedure, 1973

(1)

Any police officer may without an order from a Magistrate and without a warrant, arrest any person -

(a)

[ who commits, in the presence of a police office, a cognisable offence; [Substituted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 5(i), for Cls. (a) and (b). Prior to their substitution, Cls. (a) and (b) read as under:- [(a) who has been concerned in any Cognisable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or (b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or].]

 

If someone is involved in a crime or his Involvement in a crime, that would be considered in the investigation of a police officer. At that time the police officer will notify the person to inform him he is under the investigation procedure as per the BNSS 35 (3). The reason for this notice is that the police have registered a case under the prior complaint or enquiry after the lodging of FIR (First Information Report) the police will send the notice to the respondents. However, they sent notice to the individuals connected with the crime that means if any property of the individuals connected with that crime it will also under the section of BNSS 35 (3) . Mostly the police will be sending the BNSS 35 (3) NOTICE  in cyber crime there is a chance of connection with the technical devices or materials. In cyber crime bank accounts, websites, mobiles, mobile applications are also part of the crime and investigation. Hence, the police will attach the property for the investigation. If the property has no direct involvement in the crime or cyber crime the individuals have the right to lift the attachment through the court procedure. Whether the police also sending notice to  an accused person at the investigation stage, he should obtain Anticipatory bail from the court to avoid the arrest by police officers.