Legal steps wherein a Company is called upon for investigation in criminal case

Handling a request from the police to submit documents by a company in India requires a detailed and careful approach to ensure compliance with legal requirements while protecting the company’s interests. Here’s an extended procedure incorporating the relevant provisions of Bharatiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”) and best practices for corporate compliance.

Step-by-Step Procedure:

 1. Verify the Caller

If the Notice/ Summon is issued through telephone call:

• Action: Obtain the caller’s name, rank, and the police station, they are calling from.
• Verification: Cross-check these details with the police station to confirm the legitimacy of the call. This can be done by calling the police station directly using publicly available contact information.
• Request: Request the concerned officer to share a copy of the summons via E-mail/ WhatsApp.

 2. Understand the Request

• Action: Request a detailed explanation of the documents required and the purpose behind the request.
• Request the concerned officer to provide a list of necessary documents required for investigation.
• Ensure clarity on:
  • The specific documents needed.The reason for the request (e.g., investigation, verification).
  • The urgency and deadline for submission.

3. Request Written Notice/ Summons to be issued through post/ Electronic mode

• Action: Request the police officer to provide a written notice/ summons bearing official stamp and signature of the concerned police officer.
• Legal Basis: The police, under Section 35(3) or Section 94 of the BNSS have the authority to issue a notice/ summons calling upon the person to appear before him or to produce documents, necessary for investigation.
• Documentation: Ensure the notice mentions the requisite Section of the BNSS on the headingand includes:
• The General Register Number (GRN)/ Crime Number/ FIR Number .
• The specific documents requested.
• The deadline for submission.
•  Contact details for follow-up queries.

4. Inform Relevant Internal Departments

• Action: Notify the relevant departments within the company, including legal, compliance, senior management, and any other appropriate departments.
• Coordination: Ensure that all stakeholders are informed and involved in the process. This helps in:
  – Coordinating the collection of documents.
  – Ensuring the company’s response is unified and compliant with internal policies.

5. Consult Legal Counsel

• Action: Immediately consult with the company’s legal counsel or an external lawyer to understand the legal obligations and implications of the notice/ summons.
• Legal Rights: Under Section 38 of the BNSS, you have the right to consult a legal practitioner during any interaction with the police. The lawyer can assist the Company in verifying the following:
• Whether the notice/ summons is legal.
• The legal ramifications of compliance.
• How to protect sensitive or confidential information of the Company.

6. Accumulate the relevant Documents

• Action: Gather the relevant documents, ensuring:
  – It covers all necessary requests of the concerned officer for investigation.
  – Sensitive or confidential information is redacted or protected as necessary.
  – Legal counsel reviews the documents before submission to ensure compliance with legal and internal policies.
• Copies: Make sure to keep the copies of all documents for the company’s records before submission.

7. Verify Internal Compliance

• Action: Ensure that the documents being provided comply with the company’s internal policies and legal requirements.
• Check: Confirm that:
  – No privileged or confidential information is shared without proper authorization.
  – The documents align with the specific request made by the police
  – The submission process adheres to internal data protection and privacy policies.

8. Submit the Documents Securely

• Action: Submit the documents along with a written representation/ letter stating relevant facts/ submissions of the Company.
• In-Person Submission: Preferably, hand over the documents in person at the police station. Ensure the submission is witnessed by a company representative and documented, and make sure to obtain a receiving from the concerned police officer.
• Registered Post: If in-person submission is not feasible, issue the representation/ letter along with the requisite documents through registered post with acknowledgment due.

• Acknowledgment: Request a written acknowledgment from the police for the documents submitted. This acknowledgment should include:
  – A list of documents submitted.
  – The date and time of submission.
  – The receiving officer’s name and signature with stamp.

9. Maintain record of submissions/ documents produced before the Police

• Action: Keep a detailed record of all submissions/ documents produced before the Police and to ensure they are easily accessible for future reference or legal purposes.

10. Follow Up

• Action: Stay in contact with the police to ensure the submission is complete and address any further inquiries. Maintain clear and documented communication.
• Communication: Follow up with:
  – Periodic checks with the police to confirm that no further action is required.
  – Regular updates to internal stakeholders about the status and any developments.

Relevant Provisions of BNSS:

Section 35(3) and 94:

• Scope: Empowers police officers to issue a written notice/ summons either through physical summons or via electronic communication, requiring any person to produce any document or other item necessary which may even contain digital evidence, for investigation.
• Compliance: Non-compliance of the notice further result in registration of FIR/ arrest of the person. It is crucial to respond to such notices/ summons within prescribed time and ensure presence/ representation or documents be produced.

 Section 38:

– Rights: Grants person, the right to consult with an advocate during interrogation with the police, including the submission of documents.

Section 179:

– Attendance of Witness: Relates to the police’s power to require attendance of witness for investigation purposes, typically applicable to individuals but important for corporate witnesses as well.

 Section 195:

Power to summon persons – The police have the power to issue summons/ notice calling upon the presence of the person before the police station.

– Obligations: States that any person summoned to produce documents or items must comply with the directions of the notice/ summons, else the person will have to face the, legal repercussions such as arrest, in case of for failure to comply with.

Additional Best Practices:

– Internal Policies: Ensure that the company has clear internal policies and procedures for handling requests from law enforcement. This includes designated points of contact within the company who are trained to handle such requests.

– Training: Regularly train employees on how to respond to law enforcement inquiries to ensure consistent and compliant responses.

– Data Protection: Implement strong data protection measures to ensure that sensitive information is handled appropriately and securely.

By following this comprehensive procedure and understanding the relevant provisions of BNSS, a company can handle police summons/ notice professionally and legally. This approach ensures compliance while protecting the company’s interests and maintaining a clear and detailed record of all actions taken.

Contributed by – Vijay Shankar VL

King Stubb & Kasiva,
Advocates & Attorneys

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