Section 35 BNSS Does Not Empower Police To Summon Or Question A Person Without Registering Case: Madras HC Quashes Notice Issued To Journalist

The petitioner approached the High Court seeking quashing of the impugned notice issued by the Deputy Superintendent of Police under Section 35(3) of BNSS, 2023.

The Single Bench of Justice Sunder Mohan held, “That apart, Section 35(1)(b) of the BNSS only specifies the circumstances under which a Police Officer may arrest a person without a warrant and does not empower the respondents to summon or question the petitioner in the absence of any case registered against him. Therefore, this Court is inclined to quash the impugned notice.”

Advocate R.Karunanidhi represented the Petitioner, while Government Advocate K.Sanjai Gandhi represented the Respondent.

Factual Background

It was mentioned in the notice that during the course of investigation in a case (Crime No.527 of 2023) registered under Sections 294(b), 323 and 506(i) of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST (PoA) Act, 1989, the Deputy Superintendent of Police (second respondent) came across an article published by the petitioner in a journal containing allegedly defamatory statements against the Police, and therefore, certain questions were forwarded to the petitioner along with a notice seeking his explanation.

Arguments

It was the petitioner’s case that for making defamatory statements against the Police, the remedy is to file a private complaint, and if any cognizable offence is made out against the petitioner, the respondents should have first registered a case and thereafter summoned the petitioner.

Reasoning

The Bench noted that the second respondent had sought responses to about twelve questions from the petitioner relating to the publication of an article containing defamatory allegations against the Police. However, the notice was not issued in connection with Crime No.527 of 2023, as the investigation therein had already been concluded. “If the petitioner was required for enquiry in any other case, the respondents ought to have referred to the crime number of such case. Admittedly, no other case has been registered against the petitioner”, it added.

Referring to Section 35(1)(b) of the BNSS, the Bench explained that the police cannot summon or question the petitioner in the absence of any case registered against him. “However, it is needless to state that if any case is registered against the petitioner and his presence is required for enquiry in such case, this order shall not stand in the way of the respondents proceeding in accordance with law”, the Bench ordered.

Thus, quashing the impugned notice, the Bench allowed the Petition.

Cause Title: Vimal Chinnappan v. The State of Tamil Nadu (Case No.: Crl.O.P.(MD).No.19623 of 2025)

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