Madras HC Quashes Notice Issued To Journalist The petitioner approached the Madras High Court seeking quashing of the impugned notice issued by the Deputy Superintendent of Police under Section 35(3) of BNS, 2023.
[12/01, 18:54] Sekarreporter: Home / Court Updates / High Courts / Madras High Court Section 35 BNSS Does Not Empower Police To Summon Or Question A Person Without Registering Case: Madras HC Quashes Notice Issued To Journalist The petitioner approached the Madras High Court seeking quashing of the impugned notice issued by the Deputy Superintendent of Police under Section 35(3) of BNS, 2023. ByTulip Kanth|12 Jan 2026 6:30 PM Justice Sunder Mohan, Madras High Court (Madurai Bench) While quashing a notice of the police summoning a man for his alleged defamatory statements made in a journal, the Madras High Court has held that section 35(1)(b) of the BNSS only specifies the circumstances under which a Police Officer may arrest a person without a warrant and does not empower the Officials to summon or question the person in the absence of any case registered against him. The petitioner approached the High Court seeking quashing of the impugned notice issued by the Deputy Superintendent of Police under Section 35(3) of BNSS, 2023. The Sin
[12/01, 18:54] Meta AI: The Madras High Court has ruled that Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) doesn’t give police the power to summon or question someone without a registered case against them. This decision came after a journalist was issued a notice by the Deputy Superintendent of Police for allegedly making defamatory statements in a journal. ¹
Justice Sunder Mohan clarified that Section 35(1)(b) of BNSS only outlines circumstances for arrest without a warrant and doesn’t authorize summoning or questioning without a case. The court quashed the notice, emphasizing that police need a registered case to summon someone for inquiry.
In short, police can’t just summon anyone for questioning without a formal case registered against them.
Would you like to know more about the implications of this ruling or Section 35 of BNSS?
