BNSS Section 35 notice: Received a BNSS Section 35 police notice? Know what Section 35 notice means, whether you can be arrested, what to do, how to respond, non-compliance consequences and latest Supreme Court rules.
Police Sent You a BNSS Section 35 Notice? Here’s What You Should Do
Receiving a notice from the police under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) can be stressful, particularly when the notice refers to an FIR or criminal investigation.
Many people immediately assume that a Section 35 notice means they are going to be arrested.
That is not necessarily correct.
A notice under Section 35(3) BNSS is generally a direction requiring a person to appear before the police when the police consider that his or her presence is necessary for the investigation. The Supreme Court has recently clarified that, for offences punishable with imprisonment up to seven years, issuance of a Section 35(3) notice is the rule, while arrest after such notice is not to be treated as a routine consequence.
Therefore, if you receive a BNSS Section 35 notice, you should not ignore it. At the same time, you should not panic merely because a police notice has been issued.
This article explains what a Section 35 notice means, why police issue it, whether arrest is possible, how to respond, what happens if you do not comply, and what legal precautions you should take.
What Is a Section 35 Notice Under BNSS?
Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the circumstances in which police may arrest a person without a warrant.
Section 35 has replaced and substantially consolidated the earlier provisions corresponding to Sections 41 and 41A of the Code of Criminal Procedure, 1973 (CrPC).
Importantly, Section 35 also provides for a notice requiring a person to appear before the police.
Under Section 35(3) BNSS, where the police decide that arrest is not required under the applicable circumstances, they are required to issue a notice directing the person against whom there is reasonable suspicion or information to appear before them.
The statutory form is titled:
“Notice for Appearance by the Police”
and is prescribed as Form No. 1 under the Second Schedule to the BNSS.
What Does a BNSS Section 35 Notice Mean?
In simple terms, a Section 35(3) notice generally means:
The police want you to appear and cooperate with the investigation.
It does not by itself mean that you have been arrested.
The prescribed form states that during investigation of an FIR/case, reasonable grounds exist to question the noticee to ascertain facts and circumstances relating to the investigation, and therefore directs the person to appear before the investigating police officer at the specified date, time and police station.
Therefore, a Section 35 notice should be treated seriously because it relates to a criminal investigation, but it should not automatically be understood as an arrest warrant.
Why Do Police Issue a Section 35 Notice?
The basic purpose of the notice is to secure the person’s presence for investigation without automatically resorting to arrest.
Section 35(1)(b) lays down conditions governing arrest in cases involving cognizable offences punishable with imprisonment of less than seven years or up to seven years.
Among other requirements, the police officer must have reason to believe that the person has committed the offence and must be satisfied that arrest is necessary for one or more specified purposes, such as:
- preventing further offences;
- proper investigation;
- preventing disappearance or tampering with evidence;
- preventing inducement, threat or promise to persons acquainted with the facts; or
- ensuring the person’s presence before the Court when required.
The officer is required to record reasons concerning the arrest or non-arrest as prescribed by Section 35.
Does Receiving a Section 35 Notice Mean You Will Be Arrested?
No.
This is one of the most important points to understand.
In Satender Kumar Antil v. Central Bureau of Investigation, decided by the Supreme Court on 15 January 2026, the Court specifically considered whether Section 35(3) notices are mandatory in cases involving offences punishable with imprisonment up to seven years.
The Supreme Court clarified that:
- a Section 35(3) notice is the rule for offences punishable with imprisonment up to seven years;
- even where circumstances for arrest exist, arrest is not automatically mandatory;
- arrest after issuance of a Section 35(3) notice is an exception rather than a routine step; and
- the police officer is expected to be circumspect in exercising the power of arrest.
Therefore, a person should not assume that merely receiving a Section 35 notice means that arrest is certain.
Can Police Arrest You After Issuing a Section 35 Notice?
Yes, arrest may still be legally possible in appropriate circumstances.
A Section 35 notice does not provide permanent immunity from arrest.
However, the Supreme Court has clarified an important safeguard.
Where a notice under Section 35(3) has been issued, an arrest under Section 35(6) cannot simply be made as a matter of routine. The Supreme Court has stated that, after issuance of the notice, arrest must be based on circumstances and factors which were not available to the police officer at the time of issuing the notice.
This is an important protection for persons who have received a Section 35 notice.
What Should You Do After Receiving a Section 35 Notice?
If you receive a Section 35 notice, the following steps are generally advisable.
Read the Notice Carefully
Check:
- FIR number;
- date of FIR;
- police station;
- sections mentioned;
- your name and address;
- date and time of appearance;
- name/designation of the investigating officer;
- whether the notice specifically refers to Section 35(3);
- any documents or information you have been asked to bring.
Do not treat the notice as an ordinary informal phone call from the police.
Verify the Notice
Before appearing, verify that the notice is genuine and actually relates to a police investigation.
If you received only a WhatsApp message, email or photograph of a purported notice, do not automatically assume that such electronic communication itself constitutes legally valid service of the statutory notice.
The Supreme Court has held that Section 35 notices must be served through the mode prescribed by law and that WhatsApp or other electronic communication cannot be treated as an alternative or substitute for the prescribed mode of service.
That does not mean that every electronic communication from the police can simply be ignored. It means that the legal requirements concerning service of a statutory Section 35 notice must be examined carefully.
Consult a Criminal Lawyer
If the notice relates to serious allegations, an FIR, financial fraud, matrimonial allegations, cheating, assault, cybercrime, forgery or another criminal offence, it is advisable to consult a criminal lawyer before appearing.
A lawyer can:
- examine the FIR;
- identify the sections invoked;
- assess whether the allegations disclose a cognizable offence;
- examine whether custodial interrogation appears necessary;
- prepare you for questioning;
- advise you regarding documents;
- assist in communicating with the investigating officer;
- consider whether anticipatory bail or another legal remedy is required.
Do not wait until the police station visit if the allegations are serious.
Do Not Ignore the Notice
Ignoring a Section 35 notice can create unnecessary legal complications.
If you have received a valid notice directing you to appear, you should generally comply with it unless there is a genuine legal reason preventing appearance.
If you genuinely cannot attend on the specified date—for example, because of a medical emergency or another legitimate reason—communicate the reason to the investigating officer and seek an appropriate alternative date, preferably in writing.
Keep proof of your communication.
Carry Relevant Documents
If the notice or investigating officer asks for documents, take the relevant material with you.
Depending on the case, this could include:
- identity documents;
- bank statements;
- agreements;
- invoices;
- receipts;
- transaction records;
- WhatsApp conversations;
- emails;
- photographs;
- medical records;
- property documents;
- employment records; or
- other documents relevant to the allegations.
Do not unnecessarily hand over original documents without understanding why they are required and obtaining proper acknowledgment where appropriate.
Maintain a Record of Your Appearance
When you attend the police station pursuant to the notice, maintain a record of:
- date and time of appearance;
- officer before whom you appeared;
- documents submitted;
- written representations given;
- acknowledgment received;
- date of the next appearance, if any.
If you submit documents or a written explanation, request an acknowledgment or other proof of submission.
This can become important later if there is a dispute about whether you cooperated with the investigation.
Cooperate With the Investigation
A Section 35 notice is intended to facilitate investigation.
Therefore, do not unnecessarily obstruct the investigation.
Answer questions truthfully and avoid making statements merely because you believe they may satisfy the officer.
Where a question concerns a legally sensitive issue, take appropriate legal advice before responding.
What Happens If You Do Not Comply With a Section 35 Notice?
This is another area where people often misunderstand the law.
Failure to comply with a Section 35 notice can have consequences, including the possibility of further action under the BNSS.
However, the Supreme Court has clarified that non-compliance with a Section 35(3) notice does not make arrest automatic.
In its January 2026 decision, the Supreme Court specifically observed that even where a person fails to comply with the notice or is unwilling to identify himself, arrest is not a matter of course.
Therefore, the correct approach is not:
“If I do not attend, I will definitely be arrested.”
Nor is it:
“The police cannot arrest me because I received a notice.”
Both statements are too broad.
The legality of any subsequent arrest has to be examined in light of Section 35 and the circumstances of the individual case.
Can You Ask for Another Date?
If there is a genuine reason why you cannot attend on the date mentioned in the notice, you may communicate the difficulty to the investigating officer and request another date.
For example, the person may have:
- a medical emergency;
- a pre-existing court appearance;
- unavoidable travel;
- an urgent family circumstance; or
- another legitimate reason.
It is better to communicate such difficulty in writing and retain proof of the communication.
However, a person should not repeatedly seek adjournments merely to avoid joining the investigation.
Can a Lawyer Appear Instead of You?
Generally, a Section 35 notice requires the noticee’s personal appearance before the investigating officer.
Therefore, merely sending a lawyer in place of the noticee does not ordinarily satisfy a direction requiring personal appearance.
A lawyer can, however, advise and assist the person and may communicate with the investigating officer where appropriate.
Whether personal attendance can be dispensed with in a particular case depends on the circumstances and any direction of the investigating officer or Court.
What If the Police Ask You to Sign Something?
Exercise caution before signing any document.
First understand:
- what the document is;
- whether it is a notice;
- whether it is an acknowledgment;
- whether it is a statement;
- whether it is a seizure memo;
- whether it is a recovery memo;
- whether it records some other procedural action.
Do not sign blank papers.
If you are unsure about a document, ask your lawyer to examine it.
Can Police Take Your Phone During Investigation?
The answer depends on the circumstances and the legal authority under which the police seek the device.
If the investigating officer lawfully requires a device or document as part of investigation, the appropriate statutory procedure should be followed.
If your phone or another article is taken, ask for proper documentation/acknowledgment of the seizure and note the relevant details.
Do not physically obstruct a lawful investigation.
Section 35 Notice and Anticipatory Bail
Receiving a Section 35 notice does not automatically mean that anticipatory bail is required in every case.
However, anticipatory bail may become relevant where there is a real and reasonable apprehension of arrest, depending on the allegations and circumstances.
A lawyer may examine:
- the sections in the FIR;
- the maximum punishment;
- the nature of allegations;
- whether custodial interrogation appears necessary;
- whether the person has cooperated;
- whether the person has a criminal history;
- whether there is a risk of evidence tampering or influencing witnesses; and
- the overall circumstances of the investigation.
The mere existence of a Section 35 notice should therefore not be treated as an automatic substitute for or automatic trigger of anticipatory bail.
What Is the Difference Between Section 35 Notice and Arrest?
| Section 35 Notice | Arrest |
|---|---|
| Requires appearance/cooperation with investigation | Involves taking a person into legal custody |
| Issued under Section 35(3) in appropriate circumstances | Governed by the arrest provisions of Section 35 |
| Does not itself mean that the person is arrested | Person is actually arrested |
| Generally intended to avoid unnecessary arrest | Results in custodial status |
| Person is required to appear before police | Police exercise statutory power of arrest |
| Compliance is important | Arrest must satisfy statutory requirements |
The Supreme Court’s 2026 ruling makes clear that, for offences punishable up to seven years, Section 35(3) notice is the rule and arrest is not to be treated as a routine consequence.
Section 35 BNSS vs Section 41A CrPC
The BNSS replaced the CrPC from 1 July 2024.
Section 35 BNSS substantially corresponds to the earlier framework under Section 41 CrPC and Section 41A CrPC concerning arrest and notice of appearance.
| Earlier CrPC | Present BNSS |
|---|---|
| Section 41 – Arrest without warrant | Section 35 |
| Section 41A – Notice of appearance | Section 35(3) |
| CrPC framework | BNSS framework |
The legislative material confirms that Sections 41 and 41A of the CrPC were merged into Section 35 of the BNSS.
Therefore, if someone says that a Section 35 notice is the “new 41A notice”, that is a useful shorthand for understanding it, although Section 35 now contains a broader statutory framework dealing with arrest and notice.
Important Supreme Court Ruling on Section 35 Notice in 2026
The Supreme Court’s decision in Satender Kumar Antil v. Central Bureau of Investigation, dated 15 January 2026, is particularly important for understanding Section 35 notices.
The Court considered whether notices under Section 35(3) must be issued in cases involving offences punishable with imprisonment up to seven years.
The Court concluded, among other things, that:
- Section 35(3) notice is the rule for offences punishable with imprisonment up to seven years.
- Arrest is not mandatory merely because the conditions in Section 35(1)(b) exist.
- Arrest after issuance of notice is not a routine measure.
- The police officer must exercise the power of arrest cautiously.
- Where arrest is subsequently made after notice, the relevant basis must satisfy the safeguards explained by the Court.
This judgment is important because it reinforces the principle that arrest should not be treated as the automatic first response in offences punishable up to seven years.
Can Police Issue Section 35 Notice in Every Criminal Case?
The answer requires examination of the statutory framework and the punishment prescribed for the alleged offence.
The Supreme Court’s January 2026 ruling specifically addresses offences punishable with imprisonment up to seven years and explains the importance of Section 35(3) notice in that category.
For offences carrying more severe punishment, the arrest framework under Section 35(1)(c) and other applicable provisions has to be separately considered.
Therefore, the maximum punishment prescribed for the alleged offence is an important factor.
What Should You NOT Do After Receiving a Section 35 Notice?
Avoid the following mistakes:
Do not ignore the notice
Ignoring it without a genuine reason can create unnecessary complications.
Do not abscond
Avoiding the investigation may adversely affect your position.
Do not threaten or contact the complainant
Do not attempt to influence, threaten or induce witnesses or the complainant.
Do not destroy evidence
Never delete, alter or fabricate documents, messages or other evidence to create a defence.
Do not give false information
False explanations can create further complications.
Do not sign blank papers
Always understand what you are signing.
Do not assume arrest is inevitable
A Section 35 notice is not itself an arrest order.
Do not assume arrest is impossible
A notice does not provide an absolute guarantee against subsequent arrest where the statutory requirements are satisfied.
Conclusion:
If you receive a BNSS Section 35 notice, do not panic—but do not ignore it either.
The notice generally requires you to appear and cooperate with the police investigation. It is not, by itself, an arrest.
For offences punishable with imprisonment up to seven years, the Supreme Court’s 15 January 2026 decision in Satender Kumar Antil v. CBI makes the position particularly clear: a Section 35(3) notice is the rule, while arrest is not to be treated as a routine consequence of the notice.
The safest practical approach is to:
- carefully read and verify the notice;
- obtain and examine the FIR and sections involved;
- consult a lawyer where the allegations are serious;
- appear as directed or communicate a genuine difficulty in attending;
- cooperate with the investigation;
- maintain documentary proof of your appearance and cooperation; and
- seek appropriate legal protection if there is a genuine apprehension of unlawful or unnecessary arrest.
A Section 35 notice should therefore be treated as a serious legal communication requiring a considered response—not as an automatic declaration that the person will be arrested.
Legal Disclaimer: This article is intended for general legal information and educational purposes only. It does not constitute legal advice. The applicability of Section 35 BNSS and the legality of any arrest or police action depend on the facts, allegations, evidence and circumstances of each individual case. A person who has received a police notice should consider obtaining advice from a qualified criminal lawyer.
Frequently Asked Questions: BNSS Section 35 Notice
What is a Section 35 notice under BNSS?
A Section 35 notice, particularly under Section 35(3), is a police notice requiring a person to appear before the investigating officer when the person’s presence is required in connection with an investigation.
Does Section 35 notice mean I am accused?
Not necessarily in every situation. The statutory form itself refers to a person whom the police require to appear to ascertain facts and circumstances concerning an investigation. The exact status of the person should be understood from the FIR, notice and investigation.
Does a Section 35 notice mean arrest?
No. A notice is not the same thing as an arrest.
Can my lawyer attend instead of me?
Ordinarily, where the notice requires your personal appearance, sending only a lawyer may not satisfy the notice. The specific circumstances should be discussed with counsel.
