BNSS Section 35: When Police Must Give Notice, Not Arrest You

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.

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.

1. Read the notice carefully. It should name the offence and the officer, and tell you where and when to appear.
2. Appear before the officer on the date stated, or as the notice directs. Compliance is your strongest protection.
3. Keep complying. Under Section 35 sub-section 5, if you obey the notice and continue to obey it, you cannot be arrested unless the officer records in writing why an arrest is necessary.
4. Carry an identity document. Refusing to identify yourself can cost you this protection.
5. Ask for legal help early. You can consult a lawyer about how to respond.
6. If you are above 60 or infirm and the offence carries jail up to 3 years, remember that arrest needs prior sanction of an officer of at least Deputy Superintendent rank, under Section 35 sub-section 7.

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.

1. Ask for the grounds of arrest. Under Section 47 of the BNSS, you have the right to be told why you are being arrested.
2. Ask that a relative or friend be informed. Section 48 of the BNSS requires the police to inform a nominated person about your arrest and where you are held.
3. Check the arrest memo. Section 35 sub-section 2 requires the officer to prepare a memo of arrest, attested by a witness and countersigned by you.
4. Note whether reasons were recorded. If you had complied with a notice, ask whether the officer recorded written reasons for the arrest, as required by Section 35 sub-section 5.
5. Raise the safeguards before the Magistrate. The Supreme Court has held that courts must check whether the police followed the notice procedure. Mention any breach when you are produced.
6. Use the Right to Information route to get records of the action taken against you. You can draft a request with the AI RTI Drafter.

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.

• Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35, and Sections 47 and 48.
• Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.
• Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51.

• Anticipatory bail under BNSS 482
• Zero FIR under BNSS 173
• Default bail under BNSS 479
• RTI Act 2005
• The RTI Playbook