S.35(3) BNSS | Asking Accused To Appear Before Police In Regular Intervals Such As Every 15 Days Not Proper: Orissa High Court

The Orissa High Court has held that while the police has power to issue notice to the accused to appear when required for investigation under Section 41A(1) CrPC/Section 35(3) BNSS , it however said that requiring the accused persons to appear every 15 days is not proper. Clarifying this significant procedural aspect vis-à-vis arrest, the Bench of Justice Savitri Ratho notably observed–“As it is provided in Section 41 A that the police officer is to, “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”, I am of the view that it was within the power of the I.O. to issue notice to the person accused of the offence, to appear before him at the police station or at any other place as and when required for the purpose of investigation, but requiring them to appear every fifteen days was not proper. The I.O. has to be careful and specific while issuing the notice, as non-compliance of the conditions of the notice would have made the person liable for arrest under Section 41(4) of the Cr.P.C and now under Section 35(6) of the BNSS.”An FIR was registered against the petitioners under various sections including Sections 506(criminal intimidation),498-A(cruelty), 34(common intention) IPC read with Section 4 of the Dowry Prohibition Act pursuant to the direction of the magistrate court. During the course of investigation, they were issued notice under Section 41-A of the CrPC wherein it was mentioned that enough materials exist to hold them guilty of the alleged offences.Further, the notice required the petitioners to appear before the Investigating Officer every 15 days at the police Station and they were also asked not to leave the territorial jurisdiction without prior intimation to the IO. Aggrieved by the declaration of culpability made against them as well as the strict and unreasonable conditions enlisted in the appearance notice, the petitioners sought the High Court's interference in modification of the said notice.In order to examine the true purport and ambit of Section 41-A CrPC/ Section 35 BNSS, the Court placed reliance upon the landmark rulings of the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation, 2025 LiveLaw (SC) 751 and Satender Kumar Antil v. Central Bureau of Investigation, 2026 LiveLaw (SC) 114. The Bench was of the firm opinion that the said provisions allow police to 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. However, the same does not empower the police to require the accused to appear before it periodically in regular intervals, i.e. every 15 days in the given case.Justice Ratho also found fault with the terminologies employed in the notice which apparently declared the petitioners as guilty of the alleged offences at a very premature stage. The Judge remarked–“As regards the contention that from the wording of the impugned notice, it appeared that the petitioners had already been held guilty of the offences, the contention has some force as trial of the case had not been held. The I.O. should therefore have been more careful while preparing the notice.”Accordingly, the petition was disposed of.Case Title: Arman Khan & Ors. v. State of OdishaCase No: CRLMC No. 2549 of 2017Date of Judgment: February 09, 2026Counsel for the Petitioners: NoneCounsel for the State: Mr. Sarathi Jyoti Mohanty, Addl. Standing CounselCitation: 2026 LiveLaw (Ori) 25Click Here To Read/Download Order

S.35(3) BNSS | Asking Accused To Appear Before Police In Regular Intervals Such As Every 15 Days Not Proper: Orissa High Court

Jyoti Prakash Dutta

Tags