Received a Police Notice? What to Do
If you have received a police notice under the BNSS asking you to appear or cooperate with an investigation, read it carefully, note the officer and case details, and consult a criminal lawyer before responding. Do not ignore it, and avoid giving a statement without legal guidance.
Reviewed by Advocate Debarchana Samal, Bar Council of Odisha · Reg. No. O-1812/2023
Immediate Action Steps
Six Steps After Receiving a Police Notice
- 1
Read the Notice Carefully
Note the police station, the officer's name and designation, the case or FIR number referred to, and the date and time you are asked to appear.
- 2
Check What Is Actually Being Asked
A notice under the BNSS (equivalent to the earlier Section 41A CrPC) typically calls you to cooperate with an investigation — it does not automatically mean you will be arrested.
- 3
Consult a Lawyer Before Responding
Speak to a criminal lawyer before you appear or reply, so you understand what the investigation concerns and how to protect your interests while cooperating.
- 4
Avoid Giving a Statement Alone
Anything you say to the police can affect the case later. It is generally advisable to have your lawyer guide you on what to say and how to say it.
- 5
Do Not Ignore the Notice
Ignoring a valid police notice can have consequences, including the possibility of coercive steps. Respond within the stated time, ideally after legal consultation.
- 6
Keep a Copy and Record of Compliance
Retain the original notice and keep a written record of your appearance or response, which can be important if questions arise later in the investigation.
Frequently Asked Questions
Does a police notice mean I am going to be arrested?
Not necessarily. A notice issued under the BNSS (the equivalent of the earlier Section 41A CrPC) is generally used to call a person for cooperation with an investigation, without an immediate arrest. Whether arrest follows depends on the facts of the case and is subject to the investigating officer's and court's discretion.
Can I ignore a police notice if I feel I have done nothing wrong?
It is not advisable to ignore a police notice, even if you believe you are not at fault. Non-compliance can lead to further coercive steps by the investigating agency. It is better to consult a lawyer and respond within the given time, clarifying your position appropriately.
Should I take a lawyer with me when I appear before the police?
Consulting a lawyer before appearing is strongly advisable so you understand the scope of the notice and your rights. Presence of a lawyer during actual questioning is governed by the specific procedure and facts of the case, and your lawyer can advise on the best approach for your situation.
What details should I note down from the police notice?
Note the issuing police station, the name and designation of the officer, any FIR or case number mentioned, and the exact date, time, and place you are asked to appear. These details help your lawyer assess the notice quickly and advise you accurately.
Can a lawyer respond to the police notice on my behalf?
In many cases, a lawyer can help draft a reply or seek a reasonable extension of time if you are unable to appear on the given date, subject to the officer's discretion. A lawyer can also accompany you or guide you closely on how to handle the appearance.
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