AI Overview...
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Lack of Notice under Section 35(3) of BNSS - Multiple cases highlight the importance of issuing a proper notice under Section 35(3) before arrest or detention. Courts have emphasized that failure to provide this notice renders arrests invalid and can lead to quashing of proceedings (INDTEL00000211721, INDGAU00000001733, INDKAR00000157101, INDTEL00000214322, INDMAD00000376142, INDTEL00000213893).
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Procedural Compliance and Bail - Courts have found that non-compliance with the statutory notice requirement affects bail applications and procedural legality, especially in cases involving offences punishable with less than seven years of imprisonment. Proper notice is deemed mandatory for lawful detention and bail considerations (INDGAU00000001733, INDKAR00000157101, INDTEL00000213893).
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Court Directives for Investigation Cooperation - Courts have directed petitioners to cooperate with investigations after proper notices are issued, and have instructed Investigating Officers to issue fresh notices if initial notices were not served, reinforcing procedural fairness (INDTEL00000211721, INDTEL00000214322, INDTEL00000213893).
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Implications for Offences under BNSS and Other Acts - The cases involve offences under the Bharatiya Nyaya Sanhita (BNSS), Protection of Children from Sexual Offences Act, and SARFAESI Act, with courts consistently underscoring the necessity of adhering to statutory notice provisions to uphold legal rights and procedural correctness (INDTEL00000211721, INDMAD00000376142, INDTEL00000213446).
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Summary - Overall, the main insight is that failure to issue or serve a notice under Section 35(3) of BNSS prior to arrest or detention invalidates such actions, potentially leading to quashment of proceedings. Courts mandate strict compliance with procedural requirements to protect individuals' rights and ensure lawful investigation processes.
References: - INDTEL00000211721 - INDGAU00000001733 - INDKAR00000157101 - INDTEL00000214322 - INDMAD00000376142 - INDTEL00000213893
Search Results for "35 2 Notice for Offfences"
2025 Supreme(Online)(Tel) 12626 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N. TUKARAMJI, J
The petitioners claimed lack of notice under Section 35 (3) of BNSS, 2023 and expressed willingness to cooperate, necessitating procedural ... The court directed the petitioners to appear before police, with the Investigating Officer to issue the notice according to Section ... petitioners seek quashment under Section 528 of BNSS, 2023 regarding Crime No.566 of 2025, alleged under Sections 318(4), 336(3), and 351(2) ... Learned counsel for the petitioners would submit that though the petitioners are determined to see the....
2024 Supreme(Online)(GAU) 11903 • India - High Court of Gauhati
MRS. JUSTICE MALASRI NANDI, J
... ... Findings of Court: ... The court found that the lack of a notice under Section 35(3) BNSS entitles the petitioner to bail ... Protection of Children from Sexual Offences Act, 2012 - Section 12 - Bail application filed under Section 483 - Non-compliance with notice ... ... ... Issues: The court addressed whether the procedural requirements for notice were fulfilled before detaining the petitioner ... According to the learned counsel for the petitioner, a notice under Section 35#HL_E....
2025 Supreme(Online)(Tel) 14351 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N. TUKARAMJI, J
BNSS , 2023 notice and as per their instructions, the petitioner is not available for personal service and he may directed to cooperate with the investigation.
2025 Supreme(Online)(Kar) 30327 • India - Karnataka High Court
HEMANT CHANDANGOUDAR, J
offences, claiming non-compliance with statutory notice requirements. ... ... ... Issues: Whether the arrest is maintainable without prior notice under Section 35(3) of BNSS? ... ... ... Ratio Decidendi: The court ruled that failure to issue a notice under Section 35(3) before arrest vitiated the arrest, reaffirming ... State of Karnataka (2022) that a notice of appearance under Section 41-A of the CrPC (i.e. Section 35(3) of BNSS) is mandatory i....
2025 Supreme(Online)(Tel) 15227 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N. TUKARAMJI, J
petitioners expressed willingness to cooperate with the investigative process but were apprehensive of coercive action due to lack of notice ... under Section 35(3) of BNSS. ... Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashment of proceedings in Crime No.416 of 2025 against the petitioners accused of offences ... Upon such appearance, the Investigating Officer shall issue fresh notice to the petitioners under Section 35 (3) of the Section 35 (3) of the Section 35#H....
2017 0 Supreme(Kar) 485 • India - Karnataka
RATHNAKALA
No. 2/1974] - Section 439 & Protection of Children from Sexual Offences Act (32 of 2012), Section 35(1) - Bail - Accused allegedly ... Non- recording of evidence of victim child within 30 days from date of cognizance - Held, It amounts to non-compliance of Section 35 ... If the Presiding Officer notices callous attitude on the part of the Investigating Officer in producing the properties (as in this case), the same shall be brought on bench in the ‘crimes’ meeting held with the Police Officers of the District and the mat....
2025 Supreme(Online)(Tel) 12263 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N. TUKARAMJI, J
The petitioner is accused under Sections 126(2), 115(2), 352 of BNSS, 2023 and argues the absence of notice under Section 35(3) of ... The petitioner was directed to appear within a week and notice under Section 35(3) to be issued thereafter. ... The court directed the petitioner to appear before the SHO and cooperate with the investigation as the offences are below seven years ... Learned counsel for the petitioner would submit that though the petitioner is determine....
2025 Supreme(Online)(Mad) 48714 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. DHANABAL, J
(Paras 2, 6, 26, 34) ... ... (B) Quashing of charges - The ... (Paras 35, 36) ... ... Facts of the case: ... The defacto complainant accused her ex-husband ... complainant alleged that her ex-husband and bank officials conspired to fraudulently obtain loans and misappropriate properties worth Rs.35 ... While so, on 05.10.2010, the bank issued a notice u/s.13(2) of the SARFAESI Act stating that M/s.Morvi Exports was liable to pay Rs.11.8 crores and M/s. ... However, the 1st respondent issued a lette....
2025 Supreme(Online)(Tel) 19588 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA, J
BNS S ’) by the petitioner/accused No.3 seeking to quash the proceedings against him in Crime No.187 of 2025 on the file of Begum Bazar Police Station, Hyderabad District, registered for the alleged offences punishable under Sections 3 Sections 3 18 (4) and 351 (2) r/w. 3 (5) of a href="./..
2025 Supreme(Online)(Tel) 14798 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N. TUKARAMJI, J
The Court directed the petitioner to appear at the police station for issuing a notice under Section 35(3) of BNSS, 2023, and to ... The petitioner, charged under Sections 308(5) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, faced coercive measures from the Police ... Learned counsel for the petitioner would submit that though the petitioner is determined to see the process through and the alleged offences are punishable with an imprisonment of less than seven years, the Police concerned have not issued any ....
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