Whether a Police Station Officer in Charge Can Issue a Notice to a Complainant Under Section 30 of the BNSS
A frequently asked question in criminal practice under the new (BNSS) is: can an Officer in Charge of a police station issue a notice under to a complainant? The question appears simple, but it rests on a common confusion between two distinct provisions of the Sanhita — one dealing with the between police officers, and the other dealing with notices of appearance issued during investigation. Untangling this confusion is essential for complainants, accused persons, and practising lawyers alike.
What Actually Says
Section 30 of the BNSS is the successor to (CrPC). It does not create a power to issue notices to complainants at all. Instead, it establishes an equivalence of authority within the police hierarchy:
Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station. 2025 0 Supreme(SC) 387
In other words, Section 30 is a . It ensures that superior officers — such as a Superintendent of Police — can do, within their territorial jurisdiction, whatever an Officer in Charge can do within the limits of a police station. 2025 0 Supreme(SC) 387
How Courts Have Applied the Parity Principle
The practical effect of Section 30 has been illustrated in the context of FIR registration. Section 173 of the BNSS (corresponding to Section 154 CrPC) empowers the Officer in Charge to reduce information disclosing a into writing, either personally or under his direction. 2025 0 Supreme(SC) 387 Because Section 30 confers the same powers on superior officers, a conjoint reading of the two provisions means that a Superintendent of Police is equally competent to issue directions for the . 2025 0 Supreme(SC) 387
This matters for complainants in a tangible way. If the Officer in Charge refuses to record an FIR, the complainant may send the complaint to the Superintendent of Police, who — by virtue of the — can direct registration. 2025 0 Supreme(SC) 387 and 2017 0 Supreme(Del) 1098 If that route also fails, the complainant retains the further remedy of approaching the Magistrate. 2017 0 Supreme(Del) 1098
The Provisions That Actually Govern Notices
If Section 30 is not a notice-issuing provision, which sections are? The BNSS contains dedicated notice mechanisms, and recent case law has shaped how they must be used.
Notices of Appearance to an Accused or Person Concerned
The most litigated notice provision in the new code is , the successor to Section 41A CrPC. Key propositions from recent decisions include:
- Notice under Section 35(3) is for offences punishable with imprisonment up to seven years; arrest is the exception, not the rule. 2026 2 Supreme 577
- So long as a person who receives a Section 35(3) notice complies and continues to comply with its terms, the police generally cannot arrest him unless reasons are recorded justifying arrest. 2026 2 Supreme 577
- The notice must be properly served in the statutory form and must contain the necessary legal information, including details of the FIR or complaint. Courts have quashed notices issued electronically, such as over WhatsApp, where no FIR details accompanied the notice and the prescribed proforma was ignored. 2026 0 Supreme(Gau) 402
- Where the FIR involves offences carrying limited punishment, the police must follow the and issue a Section 35(3) notice rather than resorting to arrest or informal summons. 2025 Supreme(Online)(Tel) 56181 and 2026 Supreme(Online)(Tel) 22288
Notably, these notices are directed at the accused or any person concerned in the offence — not at the complainant as such.
Notices to Persons Outside the Station Limits
A separate provision, , deals with an officer making an investigation issuing a notice to a person who is not residing within the limits of his own police station or an adjoining station. The language of within the limits of his own police station or any adjoining station has been read as restricting the power of the police officer to issue such notices to persons within that territorial band. 2025 Supreme(Online)(AP) 26714
So, Can the Officer in Charge Issue a Notice Under to a Complainant?
Bringing the threads together, the position that emerges from the statutory scheme is as follows:
- is not a notice-issuing provision. It confers between the Officer in Charge and superior police officers; it does not itself authorize any notice to any person. 2025 0 Supreme(SC) 387
- Notices to accused persons or persons concerned flow from and similar provisions, subject to strict statutory requirements of form, service, and content. 2026 2 Supreme 577 and 2026 0 Supreme(Gau) 402
- Notices during investigation to persons outside station limits are governed by Section 179(1), with an express . 2025 Supreme(Online)(AP) 26714
- The Officer in Charge's core powers concerning a complainant arise under — recording the information disclosing a — and if registration is refused, the complainant's remedies lie with the Superintendent of Police (through the Section 30 parity) or the Magistrate. 2025 0 Supreme(SC) 387 and 2017 0 Supreme(Del) 1098
Accordingly, an Officer in Charge generally does not issue a notice under to a complainant. What the Officer in Charge may do is interact with the complainant in the course of recording information under Section 173, or — where an FIR is registered — direct notices to the accused or other concerned persons under the appropriate provisions. There may also be practical situations, as seen in case records, where one Officer in Charge requests another to ask a person to appear for an enquiry; but the validity of such informal routing depends on compliance with the substantive notice provisions. 2026 0 Supreme(Gau) 402
Safeguards Surrounding Complaints and Public Servants
The BNSS has also introduced layered safeguards when complaints implicate public servants. Under (corresponding to Section 156 CrPC), new sub-sections have been added, and courts have emphasized that FIR registration remains mandatory when a is disclosed, and that does not extend to criminal acts committed outside the scope of official duties. 2024 0 Supreme(Ker) 1104 Separately, under , a Magistrate must afford a public servant an opportunity to explain the circumstances of an alleged incident and obtain a report from the superior officer before taking cognizance of a complaint relating to official acts. 2026 0 Supreme(Guj) 876 These provisions illustrate the broader design of the Sanhita: statutory notices and procedural steps are tied to specific sections, each with its own preconditions.
Key Takeaways
- is a mirroring Section 36 CrPC — it lets superior police officers exercise the Officer in Charge's powers across their jurisdiction, including directing FIR registration under Section 173. 2025 0 Supreme(SC) 387
- It is not the source of any power to issue a notice to a complainant.
- Notices of appearance are governed by , which must be served in the prescribed written form with adequate details; defective electronic notices have been quashed. 2026 2 Supreme 577 and 2026 0 Supreme(Gau) 402
- A complainant refused an FIR has structured remedies: the Superintendent of Police (via Section 30 parity) and then the Magistrate. 2025 0 Supreme(SC) 387 and 2017 0 Supreme(Del) 1098
- Anyone relying on police notices under the new code should verify that the correct section has been invoked and the statutory formalities followed; this article is general information and not a substitute for advice on a specific case.
