Addressing the Legality of Repeated Police Summons Without a Registered First Information Report (FIR)

Receiving a call from a police officer can be a source of significant anxiety, particularly when the reason for the summons is unclear or repetitive. Many individuals find themselves in a distressing position where they are asked to appear at a police station multiple times without ever being informed of a formal crime or a registered First Information Report (FIR). This situation raises fundamental questions regarding the boundaries of police authority, personal liberty, and the procedural safeguards that govern investigative processes.

While the police are empowered to conduct investigations, these powers are not unfettered. The legal system, through various judicial pronouncements, has established clear boundaries to prevent arbitrary actions and ensure that investigative procedures do not cross the line into harassment.

The Requirement of a Registered Case

A central principle in criminal procedure is that the police cannot unilaterally summon an individual for questioning without a legitimate legal basis. A recent ruling by the Madras High Court clarified that the absence of a registered case or FIR fundamentally vitiates the police's power to summon an individual. In Vimal Chinnappan vs. The State of Tamil Nadu, the court emphasized that administrative convenience does not override the legal process. The court observed that statutes like the Bharatiya Nagarik Suraksha Sanhita (BNSS) specify circumstances for arrest without a warrant but do not authorize the police to summon or question individuals in the absence of a registered case Absence of Registered Case Vitiates Police Power to Summon Under BNS 2023: Madras High Court.

If the police require an individual for an enquiry, they are obligated to reference the specific crime number. If no such case exists, the legal justification for the summons vanishes. This prevents the police from using the threat of a visit to the station as a tool for intimidation.

Distinguishing Legitimate Investigation from Harassment

While the police have a duty to maintain order and investigate cognizable offences, the courts have consistently drawn a line between legitimate investigation and harassment. When police officers call individuals to the station repeatedly without maintaining a proper record of these interactions, it often crosses the threshold into illegality.

In a case involving bank officers, the court held that calling individuals to the police station multiple times without making an entry in the station diary amounts to police harassment. Such actions violate established procedures, such as Rule 113(12) of the Bombay Police Manual, 1959, and cast doubt on the bona fide intentions of the police officer involved 2005 0 Supreme(Bom) 464.

Repeated, undocumented summons are not merely procedural lapses; they are often recognized by the judiciary as violations of constitutional rights. Specifically, the courts have noted that such conduct may infringe upon Articles 14, 19, and 21 of the Constitution of India, which protect a citizen's right to equality, personal liberty, and life 2020 0 Supreme(Telangana) 626. When individuals are called to the station without being informed of their involvement in any crime, the police are essentially interfering with their personal life and liberty without the due process of law.

Procedural Safeguards and the Role of the Station Diary

To maintain accountability, the law mandates specific procedures when the police need to summon a witness or an individual for investigation. These safeguards are designed to create a transparent, documentary trail of all police-citizen interactions:

• Written Summons: Under Section 160 of the Cr.P.C., the police are expected to issue a written summon to the person concerned, specifying the exact date and time for their appearance 2022 0 Supreme(Mad) 883.
• Station Diary Entries: Every interaction or enquiry conducted at the police station must be recorded in the general diary or station diary. The failure to document these interactions is a strong indicator of irregular or arbitrary conduct 2005 0 Supreme(Bom) 464

  Rajini VS Superintendent of Police - Crimes (2023)

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• Avoiding Harassment: Courts have explicitly directed that police officers must refrain from harassing individuals called for enquiry. This includes avoiding calls at odd hours or summoning the same individuals repeatedly without justifiable cause

  Rajini VS Superintendent of Police - Crimes (2023)

  1999 0 Supreme(P&H) 259.

Furthermore, the Supreme Court’s guidelines in Lalita Kumari vs. Government of Uttar Pradesh must be strictly adhered to regarding the registration of FIRs and the initiation of preliminary enquiries. Police officers are generally not authorized to investigate non-cognizable offences without an order from a Magistrate, and they cannot bypass this requirement by inquiring into complaints that do not disclose a cognizable offence 2014 0 Supreme(AP) 509.

Remedies for the Aggrieved

If an individual is subjected to repeated, baseless summons, the law provides avenues for relief. Individuals are not helpless in the face of arbitrary police action:

1. Approaching the High Court: A writ petition under Article 226 of the Constitution can be filed to seek directions to the police to stop the harassment and to ensure that the police adhere to the rule of law. The court may issue a writ of Mandamus to prevent police authorities from acting in an arbitrary manner 2020 0 Supreme(Telangana) 626 and 2024 0 Supreme(AP) 409.
2. Section 482 Cr.P.C.: In appropriate cases, an application under Section 482 of the Cr.P.C. may be filed to invoke the inherent powers of the High Court to prevent abuse of the process of any Court or to secure the ends of justice

   Rajini VS Superintendent of Police - Crimes (2023)

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3. Representations to Higher Authorities: If an FIR has not been registered and the individual has a grievance, they may approach the Superintendent of Police under Section 154(3) Cr.P.C. or other senior officers as provided by law to bring the matter to their attention 2026 Supreme(Online)(Del) 129.

Conclusion

The answer to whether police can summon a person to the station several times without an FIR is generally no. While the police possess statutory powers to investigate crimes, these powers are constrained by the requirement to follow due process. Repeated summons in the absence of a registered case, without documentation, and at improper times is widely regarded by the judiciary as a form of harassment that violates constitutional guarantees. While this information is intended to provide a general understanding of legal rights and does not constitute specific legal advice, individuals facing such situations should ensure they document all interactions, demand written summons, and consult with a legal professional to protect their fundamental rights.