Daughter's Share in Inherited Property Dispute

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to client confidentiality, I have changed names and identifying details. The procedure discussed below applies to criminal investigations under the Bharatiya Nagarik Suraksha Sanhita, 2023.

The notice was folded once and pushed under the door

My client did not open it for two days. He had seen a constable near the building and assumed it was about the neighbour who played music late at night. When he finally read the paper, it said he had to appear before an investigating officer in connection with an old business dispute. He called me after he had already missed the first date.

He had no previous police record. At that point he had not seen any complaint or FIR. What mattered first was not the merits of the old dispute but the procedural clock that had started running the moment the notice was served.

Key facts to check immediately

• Who issued the notice: the officer’s name, police station, and contact number.
• The date and time you were asked to appear.
• The offence or complaint number if it is mentioned.
• Whether it is a court summons or a police notice. They are not the same.
• The date it was actually served — this matters for calculating delay.

What should you do if you receive a police notice under Section 35 BNSS?

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer can issue a written notice asking a person to appear for questioning when arrest is not immediately required. This is the successor to Section 41A of the Code of Criminal Procedure, 1973. The notice is not a summons from court, but ignoring it can quickly turn a manageable problem into an arrest.

Can you be arrested just because you received a notice?

Not automatically. The purpose of the notice is to avoid routine arrests. But if you do not cooperate, or if the officer records reasons that arrest is necessary, the protection is not absolute. If the offence is non-bailable and you have reason to believe arrest is likely, you can ask a court for anticipatory bail under the BNSS.

Whether anticipatory bail is granted depends on the allegation, your background, and whether you have been cooperating. There is no guarantee.

What documents help at this stage?

• A copy of the notice or any paper left at your door.
• Any complaint, FIR copy, or court order, if you have one.
• Identity proof and proof of address.
• Any contract, messages, emails, or bank entries connected to the dispute.
• A two-line note explaining your side, written in plain words.

What happens at the police station?

The first appearance is usually for questioning. You are not required to make any statement that may incriminate you. You can say you need to speak with your lawyer before answering certain questions. The officer may record your statement in writing or electronically. Be polite, do not argue, and do not sign anything you have not read.

What if you already missed the first date?

Do not hide. Contact the investigating officer in writing, through your lawyer if possible, and ask for a new date. Going in late is better than not going at all. If the officer has moved to arrest, the next step is bail.

Frequently Asked Questions