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Section 35 of BNSS - The police can issue a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) when arrest is not required under Section 41(1). This notice directs the individual to appear before the police during investigation. The provisions align with Section 41A of the Cr.P.C., which mandates a notice for appearance when arrest is not necessary ["2024 0 Supreme(Kar) 342"], ["2025 0 Supreme(Kar) 496"], ["2024 0 Supreme(Ker) 984"].
Powers to Arrest at Appearance - Generally, a police officer cannot arrest a suspect solely at the time of their appearance if the case falls under the scope of a notice issued under Section 35(3). Arrest without warrant is typically reserved for cases where custodial investigation is necessary, or the crime is heinous, or there is a risk of absconding or influencing witnesses ["2024 0 Supreme(Kar) 342"], ["2025 Supreme(Online)(Kar) 30327"], ["2025 Supreme(Online)(Kar) 27541"], ["2024 Supreme(Online)(KAR) 32739"].
Legal Implication of Notices - Notices issued under Section 35(3) BNSS serve as a means to summon the suspect for investigation without immediate arrest. Arrest may follow if the suspect fails to comply or if circumstances warrant custodial investigation. The issuance of a notice does not automatically confer power to arrest at the time of appearance unless specific conditions for arrest are met ["2024 0 Supreme(Kar) 342"], ["2025 Supreme(Online)(Kar) 30327"], ["2025 Supreme(Online)(Kar) 27541"].
Non-compliance and Arrest - If a person fails to appear after receiving a valid notice, police may proceed with arrest, especially if the situation justifies custodial investigation. The procedure for non-compliance is outlined in Section 35(6), which emphasizes serving notices personally and following due process before arrest ["2024 0 Supreme(Ker) 984"], ["2025 Supreme(Online)(Kar) 30327"].
Summary - A police officer issuing a notice under Section 35(3) BNSS does not have the inherent power to arrest the suspect at the time of appearance unless the suspect refuses to comply or circumstances justify arrest under applicable provisions. The primary purpose of the notice is to summon the individual for investigation, with arrest as a subsequent step if necessary ["2024 0 Supreme(Kar) 342"], ["2025 Supreme(Online)(Kar) 30327"], ["2025 Supreme(Online)(Kar) 27541"].
Conclusion:While police can issue a notice under Section 35(3) BNSS to summon a suspect for investigation, they do not have the automatic power to arrest the individual at the time of appearance unless specific legal grounds for arrest are present. Arrests are generally made if the suspect fails to comply with the notice or if other conditions warrant custodial intervention.
In the realm of criminal investigations in India, receiving a notice under can be an anxiety-inducing moment. This notice directs a suspected accused to appear before the police for questioning. But a pressing question arises: If a Police has Issued a Notice of 35 3 Bnss to a Suspected Accused and have Asked him to Appear for Investigation do they have Powers to Arrest the Accused at the Time of his Appearance?
The short answer is no—not automatically. Police do not have inherent powers to arrest upon your appearance unless specific legal conditions are met and procedures followed. This blog post delves into the legal framework, judicial precedents, exceptions, and practical insights to help you understand your rights. Note: This is general information based on legal provisions and case law, not specific legal advice. Consult a qualified lawyer for your situation.
governs for cognizable offences. It allows police to arrest without a warrant in cases like when a is committed in their presence or based on credible information of offences punishable up to seven years imprisonment. However, the section emphasizes restraint: if the police decide not to arrest a person, they must issue a notice directing the person to appear before them 2024 0 Supreme(Ker) 984.
The notice under Section 35(3) serves as an alternative to immediate arrest, facilitating investigation without custody. It requires of a but is not a detention order. Courts have clarified: The issuance of a notice under Section 35(3) is in lieu of arrest, not an authorization for immediate arrest at the time of appearance 2024 0 Supreme(Ker) 984.
A critical point is that appearing in response to the notice does not grant police blanket authority to arrest. Arrest is permissible only if:- The suspect fails to comply with the notice.- The suspect is unwilling to identify himself.- Reasons for arrest are recorded, justifying it under law 2024 0 Supreme(Ker) 984.
The police do not have the authority to arrest a suspected accused solely because they have issued a notice under Section 35(3); arrest is permissible only if the conditions for arrest are met and proper procedure is followed 2024 0 Supreme(Ker) 984 2025 6 Supreme 227.
This aligns with the principle that arrests must not be routine or arbitrary, protecting under .
The in Arnesh Kumar v. State of Bihar (2014) laid down guidelines: arrest should not be routine and must be based on reasons recorded by the police, satisfying the conditions laid down in law 2024 0 Supreme(Ker) 984. Police must comply with statutory provisions; mere suspicion or notice issuance isn't enough.
echo this. For instance, in cases involving advocates, courts quashed notices under Section 35(3) when they infringed professional rights, noting police must follow Sections 41 and 41A equivalents strictly 2025 0 Supreme(Ker) 1096. Police cannot summon an advocate in their professional capacity, as it infringes on client confidentiality and legal representation rights 2025 0 Supreme(Ker) 1096.
In bail contexts, courts stress: Bail is the rule and jail is the exception; arrest must be justified and not routine 2025 Supreme(Online)(KER) 4526.
Recent judgments provide practical context. In one POCSO-related case, despite a Section 35(3) notice, the court granted bail as there was no apprehension of arrest, directing cooperation with investigation 2025 Supreme(Online)(KER) 4526.
Another case dismissed where the petitioner ignored a notice and approached court without appearing, emphasizing 's role but underscoring notice compliance 2025 Supreme(Online)(Ker) 42622. Petitioner has been issued with a notice under Section 35(3) of BNSS for appearance... without appearing before the Investigating Officer 2025 Supreme(Online)(Ker) 42622.
Service of notices must follow due process; WhatsApp service under similar provisions was invalidated for non-compliance with statutory methods 2025 0 Supreme(Gau) 1643. The court held that an accused can be served a notice under , but such a notice must adhere to traditional service methods, invalidating service through WhatsApp 2025 0 Supreme(Gau) 1643.
In forgery investigations, notices to third parties like advocates were deemed improper without material evidence linking them 2025 0 Supreme(Ker) 1096. remains available even post-notice, as appearance doesn't equate to custody 2015 0 Supreme(Pat) 500. Issuance of notice to appear under (1)... would not render any person to be in police custody or 2015 0 Supreme(Pat) 500.
These cases illustrate that while notices aid probes, arrests demand justification, balancing investigation needs with rights.
Arrest post-appearance is possible in limited scenarios:- Non-compliance: Failure to appear after valid notice allows recorded reasons for arrest 2024 0 Supreme(Ker) 984.- Refusal to identify or cooperate: If the suspect evades identification or terms 2024 0 Supreme(Ker) 984.- Emerging grounds: New evidence or flight risk, with recorded reasons.
If the suspect fails to appear after receiving a valid notice, or if he refuses to identify himself or comply with the notice, then the police may record reasons and proceed to arrest 2024 0 Supreme(Ker) 984.
Courts scrutinize: Arbitrary arrests violate rights, potentially leading to bail or quashing 2025 Supreme(Online)(KER) 4526.
For suspects:- Comply with the notice to demonstrate cooperation.- Seek legal counsel before appearing; consider if arrest apprehension exists 2015 0 Supreme(Pat) 500.- Insist on recorded reasons if arrest attempted.
For police:- Issue notices only when arrest isn't required; record non-arrest rationale.- Arrest post-appearance only with justified, documented reasons 2024 0 Supreme(Ker) 984.
Courts should verify procedural adherence 2025 6 Supreme 227.
Understanding these nuances empowers you during investigations. Stay informed, rights-protected, and consult professionals for tailored guidance.
#BNSS35,#PoliceArrest,#LegalRightsIndia
Section 35 of the BNSS. ... The Police Officer in all cases where arrest of a person is not required under the provisions of Section 41(1), a notice directing the person to appear can be issued. ... Since the issue would crop up every now and then, I deem it appropriate to notice the provisions of the new regime – Bharatiya Nagarik Suraksha ....
SPP, on instructions, submits that the impugned police notice dated 09.06.2025 issued under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, calls upon the petitioners to appear today. ... Quash the Police Notice dated 09.06.2025 issued by the High Grounds Police Station under Sect....
Notice provided under Section 41A of the Cr.P.C. as well as Section 35(3) of the BNSS, not intended to secure the presence of the accused during further investigation. 11. In the present case, the petitioner was arrested and released on bail. ... Notice of appearance before police officer.— (1) The police officer sha....
Shri MT Nananiah submitted that Section 35(3) of BNSS, 2023 mandates that in all cases where an arrest is not required under Section 35(1) of BNSS (Section 41 of CrPC), the notice of appearance must be issued to any person against whom a complaint has been made or against whom there is a reasonable ... Can the issuance of a summons un....
Section 35(6) of the BNSS, 2023 lays down the procedure to be followed in case of non-compliance with the notice issued by the Investigating Agency under Section 35(3) of the BNSS, 2023. ... Finally, it is submitted that since a notice under Section 35 of the BNSS, 2023 is issued by the Investigatin....
It transpires that the petitioner was issued a notice under Section 35 (3) of the BNS, 2023 - Section 41A of the earlier regime - the Cr.P.C. ... The Police Officer in all cases where arrest of a person is not required under the provisions of Section 41(1), a notice directing the person to appear can be issued. ... Stronger the rigo....
Public Prosecutor submitted that there is no intention to arrest the petitioners. Therefore, Section 35(3) of BNSS notice alone is issued. 9. ... Section 35(3) of BNSS says that the police ofÏcer shall, in all cases where the arrest of a person is not required under sub-section (1) issue a #HL_START....
Petitioner has been issued with a notice under Section 35(3) of BNSS for appearance before the Investigating Officer on 03.07.2025. However, without appearing before the Investigating Officer, the Petitioner has approached this Court with this anticipatory bail application. ... It was also observed that success in interrogation will elude if the suspected person knows t....
It is mentioned in the impugned Notice that it had been issued in exercise of powers conferred under sub-section [1] of Section 179, BNSS. ... accused because of his arrest. ... The petitioner has approached this Court seeking to invoke the inherent powers of the Court available under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [#HL_STA....
BNSS to be served with a notice for his appearance; and secondly, whether a Notice under Section 179 , BNSS has provided that any Police Officer making an investigation under Chapter XIII of the a href="./..
In Arnesh Kumar v. State of Bihar and Another [(2014) 8 SCC 273], the Supreme Court has emphasized that the investigating agencies and their officers are duty-bound to comply with the mandate of Section 41 and 41 A of Cr. 10. As rightly argued by the learned counsel for the petitioner, it appears that the police, by issuing Ext.P3 notice, were trying to involve the petitioner in the investigation of the crime alleged against his clients without having any material fact that he has been instrum....
31. While considering the similar submissions in W.P. No.3848 of 2020, this Court passed an order dated 28.04.2020, observing that even in the case of Arnesh Kumar (3 supra), the Hon'ble Supreme Court of India has spelt out the manner in which the power under Section 41 (1) (b) and 41-A of Cr.P.C. are to be exercised. The Hon'ble Supreme Court of India, after considering Section 41 (1) Cr.P.C., C. as a matter of right. In this Court's opinion, the discretion should be left to the officer conce....
Section 41 or any other provision of the Code of Criminal Procedure does not say anywhere that any person accused of any offence which attracts less than 7 years or 7 years punishment should not be arrested. Section 41 Cr.P.C. provides that in case if the police officer is satisfied that such arrest of the accused is necessary, he must record his reasons while making such arrest and in case if the police officer is of the view that no arrest is necessary, then he can issue notice und....
Even if the victim says that he is the offender, still, if the police officer is convinced that the suspect will not abscond and face trial, he need not arrest him in a case where Section 41 (1) (b) of the Cr.P.C. applies. Section 54-A of the Code makes arrest a sine qua non for conducting a Test Identification Parade. If the suspect is asked to appear by issuance of a notice under Section 41-A Cr.P.C. and on his appearance, if the victim says that the suspect is not the offender, th....
Cases to be sent to Magistrate when evidence is sufficient – (1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall....
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