Yes, absolutely. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—which replaced the colonial-era Code of Criminal Procedure (CrPC)—the registration of a First Information Report (FIR) and the initiation of a police investigation are distinct legal steps that happen independently of issuing a notice of appearance or summons to an accused.
To unpack this dynamic under current criminal procedure, the interplay between registering an FIR, conducting an investigation, and issuing a notice of appearance unfolds through specific legal principles.
FIR Registration is Mandatory for Cognizable Offences:
Under Section 173(1) of the BNSS, when information is given relating to the commission of a cognizable offence, registering an FIR is a mandatory statutory duty for the police officer in charge of a station.
- The 3-to-7 Year Window: For offences punishable with imprisonment between 3 and 7 years, Section 173(3) of the BNSS permits a preliminary inquiry (with senior officer approval) to check for a prima facie case, but once an FIR is officially registered, the police possess full statutory authority to investigate.
- No Accused Consultation at FIR Stage: An FIR is merely information given to the police about a cognizable crime; it is not a trial or a chargesheet. The police are under no legal obligation to issue a notice, summon, or even inform the accused before or at the time of registering an FIR or initiating the collection of evidence.
Investigation Proceeds Independently of a Notice:
Once an FIR is registered, the police derive their power to investigate from Chapter XIII of the BNSS. Investigating a crime involves visiting the scene, interrogating witnesses, collecting forensic evidence, recovering documents, and tracking down material objects.
- Requiring a police officer to issue a pre-investigation summons or notice to an accused would completely cripple law enforcement. It would grant suspects an advance warning to destroy evidence, threaten witnesses, or flee.
- Therefore, the police can—and routinely do—commence a full investigation, search premises, and gather evidence immediately after registering an FIR without ever interacting with or issuing a notice to the accused.
Where Does the Notice of Appearance Come In?
The confusion regarding “summons” or “notices” usually stems from Section 35 of the BNSS (the successor to Section 41A of the old CrPC).
- Arrest vs. Investigation: Section 35 dictates that for offences punishable with imprisonment up to 7 years, the police should not make an automatic arrest upon registering an FIR. Instead, if an arrest is not required, the police must issue a notice of appearance directing the accused to join the investigation.
- The Timeline: This notice is a prerequisite for arrest, not for investigation. A police officer can investigate the entire case, build the file, and examine witnesses before deciding whether an arrest is necessary. If they ultimately decide that custodial interrogation is uncalled for, they issue a Section 35 notice. If they believe the accused will tamper with evidence or abscond, they can bypass the notice by recording written reasons justifying an arrest.
The police possess full legal authority to register an FIR and carry out an investigation for offences punishable with 7 years or less without issuing a prior notice or summons to the accused. The requirement to issue a notice of appearance under Section 35 of the BNSS acts as a safeguard against arbitrary arrest, not as a prerequisite or barrier stopping the police from investigating a registered crime.
Disclaimer: This summary is for informational purposes and does not constitute formal legal advice. The interpretation of these grounds is highly dependent on judicial precedent and the specific facts of your case. Always consult with a qualified advocate regarding the strategy for your petition.
