2 Answers
Dear Client,
You are not automatically liable just because your handle was tagged in a space you never joined or where you did not speak; Indian courts have held that being tagged in a social‑media post or comments does not by itself create criminal responsibility, and the prosecution must show that you actually participated, encouraged, or knowingly supported the offending speech. The Section 41A Cr.P.C. notice you received is only a notice to appear and explain, not a finding of guilt, and as long as you comply with it and clearly state that you were not present in the space, did not utter the words, and were merely tagged without consent, the police should not proceed with coercive action against you. You should consult a criminal‑law / cyber‑law advocate immediately, show him the 41A‑notice, screenshots of the Twitter tagging, and the circulated video, and ask him to file a written statement with the police/cyber‑crime station explaining that you were not in the space, had no role in the exchange, and the tag was done without your consent. Request that your name be treated as merely tagged, not an accused, and ask for the case to be restricted to the actual participants, so that your UPSC preparation and future are not unfairly damaged by a summons that can be cleared on factual explanation.
I hope this helps and if you have any further issues do not hesitate to contact us.
Dear Client,
First and foremost, do not panic. What has happened to you is a misuse of police power and it can be effectively challenged.
Being held responsible for a twitter space you were tagged in but never attended has no basis in law. Criminal liability under any section of the Bharatiya Nyaya Sanhita requires active participation, intent, or abetment. Being tagged in a social media event without your consent, and not attending it, creates absolutely zero criminal liability on your part. Twitter allows anyone to tag anyone without their permission and this is a platform feature, not an act of participation. You cannot be made responsible for words exchanged in a space you were not present in.
A notice of Section 35 of the BNSS indicates that a reasonable complaint has been received and has been issued to you as someone who is being investigated for that complaint and directs you to present yourself in person to speak with the police officer investigating the complaint. If you appear at the police station it will not result in your arrest unless there are extraordinary circumstances. You've done the right thing again by appearing at the Cyber Crime Station. In all cases of Section 35 BNSS Notices, it is important to seek the legal advice of your attorney to help you understand your options and determine how best to proceed. Gather any documents or other information that could be helpful to show your case is not supported; use care when doing so. Prior to answering any questions, you should obtain the advice of your attorney to assist you in determining if and how to respond to the questions without creating evidence against yourself.
The major protection that you have is that you may challenge both the WhatsApp or email served notice and the police's subsequent coercive action against you based on alleged non-compliance, as being legally invalid and violating due process because the US Supreme Court has clearly stated that Section 35 notices of the BNSS cannot be served via electronic media.
Check how you received your notice. If it was informally or through WhatsApp, it may itself be legally invalid.
What you must do right now is engage a criminal advocate specialising in cyber law immediately. Your advocate should prepare a detailed written representation to the investigating officer establishing clearly through Twitter's own data that you were never present in the Space. Twitter maintains server side records of who joined and participated in a space, which can be obtained through legal process and will definitively prove your non-attendance. File an application before the court requesting the Investigating Officer to obtain these records. Your UPSC preparation and clean background are relevant mitigating factors that your advocate should place before the officer. If the police attempt to convert this into a full FIR despite clear evidence of your non participation, immediately file an anticipatory bail application before the Sessions Court as a protective measure. Your case is winnable because the facts are entirely in your favour.
I hope this helps, and if you have any further issues, do not hesitate to contact us.