Quick answer: No, the police cannot arrest you straight away for most minor offences. For a cognizable offence punishable with jail up to 7 years, Section 35 of the BNSS says the officer must first issue you a written notice to appear. Arrest is the exception, allowed only with recorded reasons.
The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and replaced the old Criminal Procedure Code of 1973. Section 35 of the BNSS controls when an arrest can be made, and for a large band of offences it puts a clear safeguard in your hands: the right to receive a notice of appearance before any arrest. This page explains that right in plain language.
The notice rule is not entirely new. It existed as Section 41A of the CrPC. The BNSS carries it forward in Section 35 and adds a fresh protection for the elderly and the infirm. Here is what is the same and what is new.
| Point | Old CrPC, 1973 | New BNSS, 2023 |
|---|---|---|
| Main provision | Section 41 and 41A | Section 35 |
| Notice before arrest for offences up to 7 years | Yes, Section 41A | Yes, Section 35 sub-section 3 |
| Arrest barred if you comply with the notice | Yes, unless reasons recorded | Yes, unless reasons recorded, Section 35 sub-section 5 |
| Special safeguard for senior citizens and the infirm | Not present | New: Section 35 sub-section 7 |
The new sub-section 7 says that a person who is infirm or above 60 years of age, accused of an offence punishable with jail up to 3 years, shall not be arrested without the prior permission of an officer not below the rank of Deputy Superintendent of Police.
A Section 35 notice is a written direction from a police officer asking you to appear before the officer at a stated place and time. It is used when the offence is a cognizable one punishable with imprisonment that may extend up to 7 years, with or without fine, and where the officer is satisfied that an arrest is not strictly required.
The point of the notice is simple: you cooperate with the investigation without being taken into custody. If you receive a notice, it does not mean you have been arrested. It means the law expects the police to give you a chance to appear on your own.
If you complied with the notice but the police still arrest you, or if they arrest you without any notice, the law gives you specific protections. Stay calm and do the following.
A real-life example. Imagine Rohit, a shopkeeper in Indore, who is named in a cheque-bounce style complaint that carries a possible jail term well under 7 years. Instead of being picked up, he receives a Section 35 notice asking him to appear at the police station on a fixed date. Rohit appears on time, carries his Aadhaar, and keeps attending whenever called. Because he keeps complying, the officer cannot arrest him unless written reasons are recorded explaining why an arrest has become necessary. Rohit cooperates from outside custody, exactly as the law intends.
Usually no. For a cognizable offence punishable with jail up to 7 years, Section 35 says the officer must first issue a notice to appear. Arrest is allowed only as an exception, with reasons recorded.
No. A notice is only a direction to appear before the officer. You are not in custody. As long as you comply, you should not be arrested.
Under Section 35 sub-section 6, if you fail to comply with the notice or refuse to identify yourself, the officer may arrest you, subject to any orders of the court. So it is in your interest to appear.
Yes. Section 35 sub-section 7 says a person who is infirm or above 60 years of age, accused of an offence punishable with jail up to 3 years, cannot be arrested without the prior permission of an officer of at least Deputy Superintendent rank. This is a new safeguard not found in the old CrPC.
In Arnesh Kumar v. State of Bihar, the Court held that arrest must not be automatic and that the notice procedure must be followed. In Satender Kumar Antil v. CBI, the Court reaffirmed that for offences up to 7 years, notice is the norm and arrest the exception.
You have the right to know the grounds of arrest under Section 47, the right to have a relative or friend informed under Section 48, and the right to an arrest memo attested by a witness under Section 35 sub-section 2.
Only if the officer records written reasons explaining why arrest has become necessary, as required by Section 35 sub-section 5. Without such recorded reasons, your continued compliance protects you.
Section 35 carries forward the notice rule that was in CrPC Section 41A and adds the new sub-section 7 safeguard for senior citizens and the infirm. The core protection, notice before arrest for offences up to 7 years, remains.