A call or a written notice from a Gurugram Cyber Crime police station can be frightening. Many people either panic and rush to the station, or ignore the notice altogether. Both are mistakes. This post explains what a notice means and how to respond sensibly.
What is a notice under Section 35 BNSS?
Where an offence is punishable with imprisonment up to seven years, the police are generally expected to issue a notice of appearance under Section 35 BNSS instead of arresting immediately. The notice asks you to appear before the investigating officer and answer questions. It is not an arrest, but it must be taken seriously.
The exact provisions depend on the sections invoked in the FIR, and in some serious cases the police may proceed differently.
Why you may have received one
- Your bank account received money from a complaint.
- Your SIM, mobile number or UPI ID is linked to a fraud.
- You are named as a witness or suspect in an investment, job or loan app fraud.
- You are an employee or director of a company being investigated.
What to do
- Read the notice carefully. Note the FIR number, sections, police station, date and time of appearance.
- Consult a lawyer before you go. Ask whether you are being called as a witness or as a suspect.
- Appear on the date. If you cannot, send a written request for another date through a lawyer, with a reason. Do not simply stay away.
- Carry the documents you were asked for, and keep a copy of everything you hand over.
- Answer only what you know. Do not guess, and do not sign a statement you have not read.
- Ask for a copy of what you provide and note the time you entered and left.
Your rights during the process
- You can consult a lawyer. Where an FIR exists, you have the right to be informed of the grounds of any arrest.
- You cannot be forced to sign blank papers or confess.
- If arrested, you must be produced before a Magistrate within 24 hours.
- Family members must be informed of the arrest.
When to apply for anticipatory bail
If the facts show you may be treated as an accused, such as money passing through your account, applying for pre-arrest protection can be wise. See anticipatory bail lawyer in Gurgaon.
Mistakes that damage your case
- Not responding to the notice at all.
- Deleting chats, apps or transaction history.
- Making a long, unprepared statement that contradicts your documents.
- Handing over your phone and passwords without understanding why.
FAQs
Will I be arrested when I go to the police station?
It depends on the case, your role and how the investigation is going. Preparation and legal advice reduce the risk but cannot remove it entirely.
Can my lawyer come with me?
You may consult your lawyer during the process, but the questioning itself is done by the police.
What if the call is a fake "police" call?
Genuine notices come in writing from a named police station. Never transfer money or share OTPs on a call claiming to be police. This is the basis of the "digital arrest" scam.
If you have received a notice, our cyber crime lawyer in Gurgaon page explains how we can help, and criminal lawyer in Gurgaon covers the full range of defence work.
This article is general information, not legal advice for any specific case.
Facing this yourself?
Call +91 82954 13475 or send the details. The first consultation is free. This post is general information and is not advice on any particular case.