Recently there have been numerous instances of “digital arrest scam”. The Government of India is also making public aware through newspapers and advertisements to be mindful of these scams.
Despite s. 69, being clear upon the effect of non-registration. The partnership firms keep neglecting the registration of partnership.
The scammers would personate themselves as TRAI officer or police officer and would make a fool of an innocent person in the name of law. They would quote random provisions of the IPC/ BNS, would tell them (the victim) that a complaint has been registered against them, and that they would be arrested if the bail amount is not furnished immediately. Then they would demand funds from the victim and assure them that their money would be reverted after their innocence is established.
Surprise! You have been fooled.
The Hon’ble Supreme Court in Satender Kumar Antil v. CBI [2025 SC], has reiterated that under s. 41A CRPC/s. 35 of BNSS or s. 160 CRPC/ s. 179 BNSS notices are not to be sent through electronic mediums like WhatsApp, email, or SMS. As these are not contemplated in either of these provisions. Rather, they are to be sent in writing through the mode of service as prescribed in these provisions.
Instead of the major changes in the BNSS where the electronic medium has been inserted for registering FIR, conducting the trial, or recording of statements the legislature intentionally did not add the electronic medium in s. 35 BNSS or s. 179 BNSS. It shows the intent to keep notices through electronic medium out of the scope. (Mind you here we are talking in the context of referred provisions only
Now you might think what is the point of connecting digital arrest scams, Satender Kumar Antil Judgment, or these provisions?
The thing is that a police officer upon receiving of complaint will first call you through the notice for appearance in either of the provisions. This notice is to ensure your attendance before the Police for interrogation (पूछताछ) and if you comply with the notice, he will not arrest you for the offense referred in the notice unless there are reasonable grounds in the opinion of the police officer to arrest you (you would know if you have committed the offense, to appear before police or not).
The crux is if you or your client receive any such call relating to any offense, and you are unaware of the incident (or even if you are), then it is better to request such an officer to serve a notice upon you for appearance instead of transferring any funds and becoming a fool.
Disclaimer: The information provided in this article is for general informational purposes only and is not intended to be legal advice. It should not be relied upon as a substitute for professional advice. It is recommended that you consult with a lawyer.
