Court Finds Fault in Police Notices Requiring Accused to Appear Every Fifteen Days; Emphasizes Fair Trial and Investigation Integrity
In a recent judgment, the Orissa High Court addressed the procedural improprieties in the issuance of police notices under Section 41A of the Criminal Procedure Code (CrPC) and Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The case, titled Arman Khan v. State of Odisha, was presided over by Justice Savitri Ratho, who emphasized the necessity of careful and specific wording in police notices.
The case arose from notices issued to Arman Khan and others, accused under various sections of the Indian Penal Code (IPC) and the Dowry Prohibition Act. The notices required the accused to appear every fifteen days at the police station, a condition the court deemed improper.
Justice Ratho highlighted that while police officers have the authority to issue notices for appearance when arrest is not mandated, the frequency of appearances should not be burdensome. The court underscored that such conditions should not imply any presumption of guilt, as the trial process is yet to occur.
The judgment clarified that while the accused must cooperate with investigations, conditions like appearing every fifteen days can be unnecessarily onerous, particularly when those involved have professional commitments outside the jurisdiction. The court found no illegality in requiring the accused to inform the police before leaving the jurisdiction, as this ensures the integrity of the investigation.
The court also noted that the wording of the notices suggested a presumption of guilt, a serious flaw given that the trial had not yet concluded. This aspect of the notices was criticized, with the court advising greater caution in their drafting to avoid prejudicing the accused's right to a fair trial.
In conclusion, the court disposed of the case with observations aimed at ensuring police notices are both fair and specific, upholding the principles of justice and due process.
Bottom Line:
Section 41A Cr.P.C and Section 35 BNSS - Issuance of notice to accused persons - Police officer has power to issue notice for appearance in cases where arrest is not required - However, conditions imposed in notice requiring accused persons to appear every fifteen days found improper.
Statutory provision(s):
Section 41A of the Criminal Procedure Code, 1973; Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Arman Khan v. State of Odisha, (Orissa) : Law Finder Doc id # 2861315
