Section 35 BNSS police notice: what to do — citizen guide 2026

A genuine Section 35(3) BNSS notice orders you to appear before a police officer, it is not an arrest, but you must comply, ignoring it lets the police arrest you under Section 35(6). Appear on the stated date, take a lawyer, and keep a copy.

Short on time? Jump to what to do in the next 30 minutes.

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the old Code of Criminal Procedure on 1 July 2024. Section 35 BNSS is the successor to the old CrPC Section 41A.

For a cognizable offence punishable with imprisonment up to 7 years, the police often do not need to arrest you. Instead the officer must “issue a notice directing the person against whom a reasonable complaint has been made … to appear before him” (BNSS, Section 35(3)).

So the notice is good news, not bad. It signals the police chose appearance over arrest. The Supreme Court has made this the default. In Satender Kumar Antil v. CBI, 2026 SCC OnLine SC 162 (order dated 15 January 2026), the Court held that for offences punishable up to 7 years, a notice under Section 35(3) BNSS “is the rule”, and arrest is the exception.

This is not new thinking. A decade earlier, in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, the Court held that arrest must not be automatic for offences carrying up to 7 years, and police must record reasons before arresting.

The law is clear: “it shall be the duty of that person to comply with the terms of the notice” (BNSS, Section 35(4)). You must appear at the time and place stated.

Compliance protects you. If you appear and keep cooperating, the police “shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested” (BNSS, Section 35(5)).

In short: cooperate, and arrest needs a written, recorded reason. Ignore the notice, and arrest needs no such favour from the court.

If you skip the appearance, the protection falls away. The law says where a person “fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may … arrest him” (BNSS, Section 35(6)).

So ignoring a genuine notice converts your low-risk situation into a high-risk one. Do not hide. Do not “wait and see”. Respond.

Note: courts treat dodging service as non-cooperation. A 2026 High Court ruling held that deliberately evading physical service of a Section 35(3) notice for a long period can itself justify arrest. The safe path is always to appear.

Scams imitate police notices to extort money. A real Section 35 notice names a real police station, a named officer with rank and contact, a case or FIR reference, and a date and place to appear. It never demands money, never asks for OTPs, and never threatens instant “digital arrest”. If unsure, read how to tell a real police notice from a fake one.

Read the notice twice. Mark the appearance date. Section 35(3) requires the notice to direct you to a specific officer or place. If the date has already passed because of late delivery, call the station at once and ask for a fresh date in writing.

You have the right to consult a lawyer. A lawyer can come with you, watch the questioning, and step in if your rights are crossed. For a non-bailable, serious matter, ask the lawyer whether to also apply for anticipatory bail: see how to apply for anticipatory bail under BNSS Section 482.

Reach the station on time. Carry the notice and a photo ID. Answer questions, but remember you cannot be forced to confess. Article 20(3) of the Constitution protects you against self-incrimination. Be polite, be present, and do not argue the law at the desk.

Ask the officer to record your attendance. Keep the original notice, your ID copy, and a note of who you met and when. If the police later claim you did not cooperate, this record protects you.

If the officer arrests you despite your cooperation, Section 35(5) requires written reasons on record. Ask, through your lawyer, for those reasons and the grounds of arrest. An arrest without recorded reasons after compliance has been held illegal by High Courts.

• The original police notice (and a photocopy).
• A government photo ID (Aadhaar, voter ID, passport, or driving licence).
• Any paper that supports your side of the facts.
• Your lawyer's contact details and a blank notebook to record the visit.

• Ignoring the notice. This is the worst move. It triggers Section 35(6) and makes arrest lawful.
• Going without a lawyer in a serious case. You lose a witness to how the questioning is run.
• Paying anyone. A genuine notice never asks for money. Payment demands mean a scam.
• Treating it as an arrest. It is not. Panic leads to bad decisions; a calm, recorded appearance is your best defence.
• Trusting a notice served only on WhatsApp or email. A 2026 High Court ruling found electronic-only service of a Section 35(3) notice invalid, but do not use that as an excuse to vanish; confirm with the station and appear.

You can use the Right to Information Act, 2005 to track a connected grievance, not the live investigation itself. For example, if you complained about police inaction or harassment to a senior officer, an RTI under Section 6 can ask for the status and movement of that complaint file. You cannot use RTI to extract case-diary contents of an ongoing investigation; Section 8(1)(h) of the RTI Act lets authorities withhold information that would impede investigation. Draft such a request with the AI RTI Drafter, and if you get no reply in 30 days, escalate with the First Appeal Builder.

No. It is an order to appear, not custody. The officer issues it precisely because arrest is not required. If you appear and cooperate, you “shall not be arrested” unless the officer records written reasons (BNSS, Section 35(5)).

Section 35 BNSS replaces Section 41A of the old CrPC. The BNSS came into force on 1 July 2024. If an old notice quotes Section 41A CrPC, it is the same idea under the previous code.

Yes, but only for reasons recorded in writing under Section 35(5). For offences up to 7 years, the Supreme Court in Satender Kumar Antil v. CBI, 2026 SCC OnLine SC 162, held arrest is the exception, not the rule.

Then Section 35(6) BNSS applies: failing to comply or refusing to identify yourself lets the officer arrest you, subject to court orders. Ignoring a genuine notice removes your safest protection.

Yes. You have the right to consult and be accompanied by a lawyer. For serious or non-bailable matters, also ask your lawyer about anticipatory bail under BNSS Section 482.

You must appear and cooperate, but you cannot be forced to incriminate yourself. Article 20(3) of the Constitution protects you. Answer factual questions calmly; let your lawyer guide you on anything that could be used against you.

A genuine notice names a real station, a named officer with rank, a case or FIR reference, and a place and date. It never asks for money, OTPs, or instant online payment. Verify by calling the station directly.

A 2026 High Court ruling held that electronic-only service of a Section 35(3) notice is invalid in law. Even so, do not ignore it; confirm with the police station and appear, so you are never seen as evading.

Yes. Under Section 35(7) BNSS, for an offence punishable with imprisonment of less than 3 years, no arrest of a person who is infirm or above 60 years can be made without prior permission of an officer of at least Deputy Superintendent of Police rank.

• Read the notice twice and write down the appearance date, time, and place.
• Confirm it is genuine: real station, named officer, FIR reference, no money demand.
• Call a lawyer and book a slot before the appearance date.
• Photocopy the notice and your photo ID, and keep the originals safe.
• If the date has passed due to late delivery, call the station now and ask for a written fresh date.

• Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35(3), (4), (5), (6), (7) (India Code, indiacode.nic.in).
• Satender Kumar Antil v. CBI, 2026 SCC OnLine SC 162 (order dated 15 January 2026), Supreme Court of India.
• Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, Supreme Court of India.
• Notification S.O. 848(E) dated 23 February 2024, bringing the BNSS into force on 1 July 2024.
• Right to Information Act, 2005, Section 6 and Section 8(1)(h).
• The RTI Playbook.

• How to tell a real police notice from a fake one
• Fake police notice PDF scam: how to stay safe
• How to apply for anticipatory bail under BNSS Section 482