In short: A genuine police notice names a real police station, an FIR or enquiry number, the sections involved, the investigating officer and a date to appear. It never asks you for money. The Supreme Court has said police should serve Section 35 BNSS notices in the manner the law provides, not by WhatsApp. So treat a WhatsApp notice with care, but verify it rather than ignore it. Any video call that puts you under “digital arrest” or demands a transfer is a scam: hang up and call 1930.
Can police legally send a notice on WhatsApp or email?
The answer depends on which document it is. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) allows courts to issue and serve summons electronically in certain cases. A police notice is different. In January 2025, in Satender Kumar Antil v. CBI, the Supreme Court directed that notices under Section 41A CrPC, now Section 35 BNSS, must be served in the manner the law provides. WhatsApp or other electronic modes are not a substitute.
In practice, officers still sometimes send a photo or PDF of a notice on WhatsApp. That does not make it fake. It means you should check it and respond properly.
| Document | Who issues it | What it asks | If ignored |
|---|---|---|---|
| Notice under Section 35(3) BNSS (formerly 41A CrPC) | Investigating officer of a police station | Appear before the police on a date | Non-compliance can lead to arrest under Section 35(6) BNSS |
| Court summons | A court, under its seal | Appear before the court on a date | The court may issue a warrant |
| Warrant | A court | Directs police to arrest you or bring you to court | Executed in person by police; never “cancelled” by paying someone |
| Summons under Section 67 NDPS Act | An empowered officer | Give information or appear | Take advice; a frequent target of fake messages |
| “Digital arrest” video call | No one lawful | Money, OTPs, staying on camera | Nothing; there is no such legal procedure |
Five checks to verify a notice in 15 minutes
- Call the police station yourself. Find the station’s landline on the official police website, not on the message. Ask whether the notice, crime number and officer are real.
- Check the FIR. If an FIR number is mentioned, look it up on the Maharashtra Police citizen portal, which publishes FIRs (sensitive offences are not uploaded). You can also ask the station for a copy.
- Match the details. The officer’s name, rank, station and sections should be consistent. Old IPC sections on a recent FIR, or a “CBI” or “Customs” notice carrying a mobile number for “settlement”, are warning signs.
- Look for a money demand. No court or police station asks you to pay to cancel a warrant, “verify” your funds or avoid arrest.
- Protect your phone and bank. Never share OTPs, install screen-sharing apps or join a video call to “prove” your innocence.
If the station confirms the notice, ask for the officer’s name and the date you are expected. If the station has no record, treat the message as a likely scam, even if it carries a seal, a signature and a real-sounding officer’s name. Scammers copy these details from public sources. Keep the message as evidence instead of replying to it.
Red flags of a ‘digital arrest’ scam
“Digital arrest” is not a legal procedure. No police force, CBI, NCB or customs officer can place you under arrest over a video call. The scams follow a pattern:
- A call says a parcel in your name contains drugs or fake passports, or that your Aadhaar is linked to money laundering.
- The call is “transferred” to someone in uniform on video, sometimes with a fake police station background.
- You are told to stay on camera, not tell your family, and move your savings to a “secure” or “RBI” account for verification.
- Fake summons on WhatsApp use the names of real Pune police stations and sections of the NDPS Act.
Elderly parents and young professionals living alone are common targets. If any two of these signs appear, end the call.
If the notice is genuine: your options
A genuine notice is serious but manageable. Under Section 35 BNSS, a person who complies with the notice is generally not to be arrested unless the police record reasons. Steps that usually help:
- Reply in writing confirming you will cooperate. Ask for a copy of the FIR or complaint. If the date is not possible, ask for another date and give a reason.
- Appear with an advocate. Carry an ID, a copy of the notice, and documents relevant to the allegation. Note the time you arrive and leave.
- Women, the elderly and the unwell. Section 179 BNSS (formerly 160 CrPC) says some witnesses cannot be made to attend anywhere other than where they live. These include women, men above 60, and people with a disability or acute illness. For an accused person who is infirm or above 60, Section 35(7) BNSS needs a senior officer’s permission before arrest in offences punishable with less than three years.
- Consider anticipatory bail if the sections are serious, you are named as an accused, or there are signs that arrest is planned. See anticipatory bail.
At the station, you may be asked to give a statement, which the officer writes down. Read it before signing, and point out anything recorded wrongly. You are not required to sign blank papers. If you are told to come back, ask for the next date in writing. Keep a copy of everything you submit, with the station’s acknowledgement where possible. Do not carry your original property papers or large amounts of cash unless asked; copies are usually enough at the first visit.
For NDPS matters, the stakes are higher; see NDPS defence before responding to any summons.
If it is a scam: what to do now
- Report it on the 1930 helpline or at cybercrime.gov.in.
- Call your bank immediately if you shared any details or made a payment, and ask it to block the transaction.
- Preserve evidence: screenshots, call logs, the numbers used, and any transaction IDs. Do not delete the chat.
- Act fast if money was paid. The first few hours matter most, because funds move quickly between accounts. A quick report gives a better chance that the money is held in the receiving accounts.
For more on cyber complaints and frozen money, see cyber and IT law.
If you need advice on your situation, you can contact the office.
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Frequently asked questions
Is a 41A or 35 BNSS notice sent on WhatsApp valid?
The Supreme Court has said these notices should be served in the manner the law provides, and that WhatsApp is not a substitute. But a WhatsApp copy may still reflect a real enquiry. Verify it with the station and respond in writing rather than ignore it.
What happens if I ignore a genuine notice?
If you do not comply with a properly served notice, the police may arrest you under Section 35(6) BNSS for the offence concerned. If you cannot attend, write to the officer, give a reason and ask for another date.
Can police arrest me over a video call?
No. An arrest is a physical act carried out by police officers in person, following the procedure in the BNSS. A “digital arrest” over video is a scam.
My elderly father got a notice: can he appear by video?
You can ask the officer in writing for questioning at home or by video, explaining his age and health. If he is only a witness, Section 179 BNSS protects men above 60 from being made to attend away from home. If he is named as an accused, take advice on the sections first.
The notice is in Marathi and I cannot read it. What should I do?
Get it translated by someone you trust, or ask your advocate. Do not sign or reply until you know what it says.
This article explains the law in general terms and is not legal advice. Every case depends on its own facts.