Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
References:- ["Ashwin. C, S/o. Gireeshan. C. VS State Of Kerala - Kerala"]- ["Satender Kumar Antil VS Central Bureau of Investigation - 2025 6 Supreme 227"]- ["Satender Kumar Antil VS Central Bureau of Investigation - Supreme Court"]- ["Banoth Gangaram vs The state of Telangana - Telangana"]- ["Shaik Fathimunissa Begum vs The state of Telangana - Telangana"]- ["M/s Streamerzone vs State of Telangana - Telangana"]- ["Shaik Ayyub vs The State of Telangana - Telangana"]
In the evolving landscape of Indian criminal procedure, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure, 1973 (CrPC), introducing nuanced provisions for investigations. One common query from individuals facing police inquiries is: 35 BNSS notice time period? This question arises when authorities issue notices requiring a person to join an investigation, raising concerns about timelines, service methods, and compliance.
This blog post breaks down the provisions under Section 35 BNSS, clarifies the absence of a fixed time period, emphasizes in-person service, and draws from judicial precedents. Whether you're a concerned citizen, legal professional, or business owner, understanding these rules ensures procedural fairness and protects your rights. Note: This is general information based on available legal documents and is not specific legal advice—consult a qualified lawyer for your situation.
Section 35 of the BNSS, 2023, corresponds to the earlier Section 41A of CrPC. It mandates that police issue a notice to a person directing them to appear before the investigating officer if arrest is not required. The notice directs the individual to join the investigation and cooperate, serving as an informational and procedural tool rather than a summons or arrest warrant. Satender Kumar Antil VS Central Bureau of Investigation - 2025 6 Supreme 227
As highlighted in legal analyses, Section 35 BNSS, 2023 is a notice issued to inform a concerned person that they are required to join an investigation, and it is not an arrest warrant or summons requiring immediate action. Satender Kumar Antil VS Central Bureau of Investigation - 2025 6 Supreme 227 Its purpose is to facilitate cooperation without coercive measures, promoting voluntary participation.
A key aspect of the query is the time period for issuing or serving the notice. Legal documents reveal no explicit statutory time limit prescribed under BNSS for Section 35 notices. Instead, the guiding principle is reasonableness and timely service to ensure the recipient has adequate opportunity to respond. Satender Kumar Antil VS Central Bureau of Investigation - 2025 6 Supreme 227Satender Kumar Antil VS Central Bureau of Investigation - 2025 1 Supreme 719
In practice, authorities are expected to act promptly during investigations to avoid accusations of delay tactics. For instance, in cases where petitioners sought directions for proper notice issuance, courts stressed adherence to due procedure. Tamisetty Adinarayana vs The State of Telangana - 2026 Supreme(Online)(Tel) 750Tamisetty Adinarayana vs The State of Telangana - 2026 Supreme(Online)(Tel) 1591
Service mode is critical and often challenged. While BNSS recognizes electronic communication for summons (e.g., audio-video means under Section 532), Section 35 notices require in-person service. Electronic modes like WhatsApp are not valid substitutes. Satender Kumar Antil VS Central Bureau of Investigation - 2025 1 Supreme 719Satender Kumar Antil VS Central Bureau of Investigation - 2025 6 Supreme 227
Key judicial stance: Even the aforesaid section does not permit notice under Section 35 of BNSS, 2023 to be served through WhatsApp or other electronic modes. Pavankumar VS State of Karnataka Through Adugodi P. S. , Rep. by State Public Prosecutor Courts have quashed WhatsApp notices, directing states to issue standing orders for prescribed service modes only. Pavankumar VS State of Karnataka Through Adugodi P. S. , Rep. by State Public Prosecutor
Case law reinforces these principles, providing practical context:
These precedents underscore that while no rigid timeline exists, timely, personal service is non-negotiable for validity.
Navigating Section 35 BNSS notices requires understanding their informational nature, in-person service mandate, and flexible yet reasonable timelines. While BNSS modernizes procedures, core principles of fairness persist. If facing such a notice, verify service mode and timing promptly.
Disclaimer: This post summarizes general legal principles from cited documents Satender Kumar Antil VS Central Bureau of Investigation - 2025 6 Supreme 227Satender Kumar Antil VS Central Bureau of Investigation - 2025 1 Supreme 719 and cases. Laws evolve, and outcomes depend on facts. Always consult a legal expert for personalized advice.
References:1. Satender Kumar Antil VS Central Bureau of Investigation - 2025 6 Supreme 227: Nature and service of Section 35 BNSS notice.2. Satender Kumar Antil VS Central Bureau of Investigation - 2025 1 Supreme 719: In-person service requirement.3. Pavankumar VS State of Karnataka Through Adugodi P. S. , Rep. by State Public Prosecutor: Prohibition on electronic service like WhatsApp.4. Other cases: Kunchala Anil Kumar vs The State of Telangana - 2025 Supreme(Online)(Tel) 57081, Tamisetty Adinarayana vs The State of Telangana - 2026 Supreme(Online)(Tel) 750, AJIKUMAR K.K S/o KARUNAKARAN PILLAI K, KUNDOOR VS THE STATE OF KERALA - 2025 Supreme(Ker) 1096, Soma Mallesh vs The State of Telangana - 2025 Supreme(Online)(Tel) 53817.
#BNSS2023, #Section35Notice, #LegalProcedure
In this context, it is relevant to extract Sections 35(3), (4), (5), (6) and (7) of the BNSS. ... Section 35(5) of the BNSS is corresponding to Section 41A(4) of the Cr.P.C. as extracted above, and the same has some changes in phraseology. The provision analogous to Section 41A(4) of the Cr.P.C. is Section 35(6) of the BNSS. ... Section 35(3) of the BNSS is the pari materia provision corresponding to Section 41A of the Cr.P.C. Similarly, Section #HL_....
as a valid mode of serving notice under Section 35 of the BNSS, 2023. ... 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. ... Section 35(4) of the BNSS, 2023 imposes a duty on the recipient of the notice to the effect that once the notice is s....
In other words, for effecting an arrest under Section 35(6) of the BNSS, 2023, it must be based upon materials and factors which were not available with the police officer at the time of issuing a notice under Section 35(3) of the BNSS, 2023. ... While making an arrest under Section 35(6) of the BNSS, 2023, after the stage of issuing a notice seeking presence under Section 35(3) of the BNSS, 2023,....
In that view of the matter, recording the submissions of the learned counsel for the petitioners and the learned Assistant Government Pleader for Home, this Writ Petition is disposed of directing the respondent No.3 to issue notice under Section 35 of BNSS within a period of two (02) weeks from the ... Learned counsel for the petitioners submits that if a notice is issued under Section 35 of BNSS to the petitioners, the petitioners will co-operate with the investigat....
This Writ Petition is filed to declare the action of respondent No.4 in not taking steps to revoke the notice under Section 35(1)(a) and 35(6) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in Crime Nos.322 of 2025 and 542 of 2025, as illegal. 3. ... the notice. ... Further, Section 35(6) provides that where the said person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the p....
It is the further case of the petitioner that on being issued with notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), even though the petitioner had submitted explanation on 28.03.2025, the 5th respondent authority without considering ... It is the further contention of the petitioner that since he has already submitted explanation to the notice issued under Section 35(3) of BNSS, the respondents-authorities, without indic....
Thus, admittedly, the notice under Section 35(3) of BNSS should not have been served through WhatsApp, which is an improper mode of service. Hence, the said notice is set aside. ... However, a notice under Section 35 of the BNSS, 2023 could have a immediate bearing on the liberty of the individual in case of its non- compliance as laid down under Section 35(6) of the BNSS, 2023. 8. ... Therefore, it is deemed appropriate to direct t....
During the course of investigation, respondent No.2 called the petitioner for the purpose of investigation and for serving notice under Section 35(3) of BNSS. ... file of Yellareddypet Police Station, petitioner filed the present writ petition with a consequential prayer to direct the respondent No.2 to issue notice under Section 35 BNSS. ... For initiating any action against the petitioner, respondents have to follow due procedure as contemplated under law by issuing notice#....
During the course of investigation, respondent No.2 called the petitioner for the purpose of investigation and for serving notice under Section 35(3) of BNSS. ... file of Yellareddypet Police Station, petitioner filed the present writ petition with a consequential prayer to direct the respondent No.2 to issue notice under Section 35 BNSS. ... For initiating any action against the petitioner, respondents have to follow due procedure as contemplated under law by issuing notice#....
Learned counsel for the petitioners would submit that notice under Section 35 (3) of BNSS, 2023 was not served on accused No.1. ... Thereupon, the investigating Officer shall issue notice on the petitioner/accused No.2 and if not served, a fresh notice shall be issued to Accused No.1 under Section 35 (3) of BNSS, 2023, in Crime No.45 of 2025 and take up further proceedings as per the guidelines of Arnesh Kumar v. ... Learned Additional Public Prosecutor submits that p....
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 instrumental in making the fake documents. Ext.P3 notice issued by the police is, in one way, asking the petitioner to be present before the police to be interrogated regarding the information, if at all any, with the petitioner, which has been communicated between his client and himself in his professional capacity. It is a pr....
Even the aforesaid section does not permit notice under Section 35 of BNSS, 2023 to be served through WhatsApp or other electronic modes. the mandate of Section 41-A of CrPC, 1973/Section 35 of BNSS, 2023 by serving notices through WhatsApp or other electronic modes, instead of following the normal mode of service. Reference is also made to Section 532 of BNSS, 2023 which states that all trials, inquiries and proceedings under BNSS, 2023 may be held in electronic mode, by use of electronic communication or use of audio-video electronic means. 6. In the result, I pass the fo....
DIRECTIONS 11. Having heard the parties and having deliberated upon the aforesaid submissions, this Court in furtherance of Paras. 100.2, 100.8 and 100.9 of Satender Kumar Antil v. CBI & Anr. (2022) 10 SCC 51, and its previous directions contained in earlier orders, deems it necessary to issue the following directions : Hence, the police machinery must not circumvent the mandate of Section 41-A of CrPC, 1973/Section 35 of BNSS, 2023 by serving notices through WhatsApp or other electronic modes, instead of following the normal mode of service. Reference is also made to Section 532....
I agree - Gaurang Kanth, J. 35. Period of detention suffered by the appellant during investigation, enquiry and trial shall be set off against the substantive sentence imposed upon him in terms of Section 468 of BNSS. 33. Appeal is dismissed. 34. In view of dismissal of the appeal, connected applications being CRAN 2 of 2018 (Old No. CRAN 3531 of 2018) and CRAN 3 of 2021 are also disposed of. 36. Trial court records along with a copy of this judgment be sent down at once to the learned trial Court for necessary action.
In the present case the notice was beyond time by 8 years and 4 months from the end of the normal period of four years. 9. Mr. Jhaveri further pointed out that under Section 149 of the Act notice under Section 148 could not be issued beyond the period of 7 years (at the relevant time) from the end of the relevant assessment year even if the income escaping assessment exceeds Rs.1 lakh. Mr. Jhaveri submitted that in order to give any effect to a “finding” or “direction” contained in the order passed by the Tribunal under the Act, a notice under Section 148 may be given at an....
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