A notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is a written direction from the police asking you to appear before the officer, or at a place named in the notice, to join the investigation — it is not an arrest. You must comply with it, and if you do, the law says you should not be arrested for the offence in the notice unless the officer records reasons why arrest is needed. This provision corresponds to Section 41A of the Code of Criminal Procedure, 1973 (CrPC), which the BNSS replaced from 1 July 2024.
When the police issue a Section 35(3) notice
Section 35(1) BNSS sets out when the police may arrest without a warrant. For a cognizable offence punishable with imprisonment that may be less than seven years or may extend to seven years, arrest is allowed only if the officer has reason to believe the person committed the offence and is satisfied that arrest is necessary — for example, to prevent a further offence, for proper investigation, to stop evidence being destroyed or witnesses being influenced, or to ensure the person’s presence in court. The officer must record those reasons in writing, and must also record reasons in writing when deciding not to arrest.
Section 35(3) then provides that in all cases where arrest is not required under sub-section (1), the officer shall issue a notice directing the person to appear before him or at another specified place. In plain terms: where the police can investigate without taking you into custody, the law expects a notice rather than an arrest.
What the law says about compliance
The rest of Section 35 sets out what happens after a notice is issued:
- Duty to comply — Section 35(4). The person who receives the notice has a duty to comply with its terms.
- Protection while you comply — Section 35(5). If you comply and continue to comply, you shall not be arrested for the offence referred to in the notice unless the officer, for reasons to be recorded, is of the opinion that you ought to be arrested.
- Consequence of non-compliance — Section 35(6). If you fail to comply at any time, or are unwilling to identify yourself, the officer may arrest you for the offence in the notice, subject to any orders a competent court has passed.
- Elderly and infirm persons — Section 35(7). For an offence punishable with imprisonment of less than three years, no arrest shall be made of a person who is infirm or above sixty years of age without the prior permission of an officer not below the rank of Deputy Superintendent of Police. This sub-section has no counterpart in the old CrPC.
It works as a two-way arrangement: you cooperate, and the police hold back from arrest unless they record a reason. That is why ignoring a notice is an avoidable mistake: it can directly expose you to arrest under Section 35(6).
What a notice does not tell you
A notice is a procedural step. Receiving it is not an offence, and the notice itself imposes no punishment; the main legal consequence of not complying is that the officer may arrest you under Section 35(6). The notice also does not mean:
- that the case is minor or will be closed;
- that the offence is bailable — that depends on the sections in the FIR or complaint;
- that arrest is ruled out — Section 35(5) still allows arrest for recorded reasons.
Read the notice together with the FIR, if one has been registered. Our guide on what to do when an FIR is registered against you explains how to get a copy and read the sections invoked.
Old cases: Section 41A CrPC or Section 35(3) BNSS?
Section 531(2)(a) BNSS provides that an investigation pending immediately before 1 July 2024 continues under the old CrPC as if the BNSS had not come into force. So in an older case still under investigation, the notice may cite Section 41A of the old CrPC; in a case registered on or after 1 July 2024, it will generally cite Section 35(3) BNSS. The protection is broadly the same under both. If the provision named in your notice does not match the date of the FIR, point it out to your lawyer.
What to do first in Delhi if you receive a notice
- Do not ignore it. Note the date, time, place and the officer named.
- Read it carefully. Check the police station, the FIR or complaint number, and the offence and provision cited.
- Speak to a criminal lawyer before you go. Take the notice, any FIR copy and the papers connected with the allegation.
- Appear on time, with identity proof. Answer calmly and consistently; you do not have to guess at things you do not know.
- Do not sign blank or unread papers. Ask for time to read anything put before you.
- Keep a record. Write down when you arrived and left, who questioned you and what documents you handed over, and ask for an acknowledgement of documents given.
- If you cannot attend, write in advance. Ask for another date, giving a genuine reason, and keep proof that you sent it.
If you are later arrested, Section 38 BNSS gives an arrested person the right to meet an advocate of his choice during interrogation, though not throughout the interrogation.
When to think about court protection
Section 35(5) protects a person who complies, but it does not rule out arrest where the officer records reasons. Where the allegation is serious, the officer’s conduct suggests arrest is likely, or there are several FIRs on the same facts, it may be sensible to consider anticipatory bail under Section 482 BNSS before the appearance date. Where the FIR itself discloses no offence or is an abuse of process, a petition for quashing of the FIR under Section 528 BNSS before the Delhi High Court is a separate remedy. If an arrest has already happened, the route is regular bail (Section 480 BNSS before the Magistrate, or Section 483 BNSS before the Sessions Court or High Court).
No lawyer can promise that arrest will not follow. What a lawyer can do is make sure you comply correctly, that the record shows your cooperation, and that any court remedy is filed in time.
Talk to our advocates before the appearance date
Received a notice from a Delhi police station? Send a photo of it on WhatsApp with the police station name, or call us — our advocates will read it, tell you what it requires and what the next step should be. See our criminal lawyer in Delhi page for the courts we appear in and how we work.
This article is general information and is not legal advice. The application of these provisions depends on the facts of each case.
FAQ
Frequently asked questions
Is a Section 35(3) BNSS notice the same as an arrest?
No. A Section 35(3) notice is a written direction to appear before the police officer or at a place named in it; you are not in custody. It is still a legal direction, and Section 35(4) makes it your duty to comply with its terms.
Can the police arrest me after I appear in response to the notice?
Generally not, if you comply and continue to comply. Section 35(5) BNSS says such a person shall not be arrested for the offence in the notice unless the police officer, for reasons to be recorded, is of the opinion that he ought to be arrested.
What happens if I ignore the notice?
Ignoring it exposes you to arrest. Under Section 35(6) BNSS, if a person fails to comply with the notice or is unwilling to identify himself, the officer may arrest him for the offence mentioned in it, subject to any orders passed by a competent court.
Can I ask for another date if I cannot attend?
You can ask, but Section 35 gives no right to another date; it is up to the officer. Ask in writing before the date. Explain the genuine reason, keep a copy or the delivery proof, and attend on the new date given; simply staying away is treated as non-compliance.
Does receiving a notice mean the offence is bailable?
No. The notice and the bail category are separate questions. Whether an offence is bailable depends on the offence named in the FIR or complaint, so the sections invoked must be read before you decide anything.
Is there extra protection for elderly or infirm persons?
Yes. Section 35(7) BNSS says no arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police where the offence is punishable with imprisonment of less than three years and the person is infirm or above sixty years of age.
Should I apply for anticipatory bail after getting a notice?
Only if the facts give a real reason to fear arrest. A notice by itself signals that the police have not chosen to arrest, but where the offence is serious or arrest seems likely, anticipatory bail under Section 482 BNSS can be considered.
My case is from before 1 July 2024. Which law applies to the notice?
It depends on whether the investigation was already pending on 1 July 2024. Under Section 531(2)(a) BNSS a pending investigation continues under the old CrPC, so the notice may cite Section 41A CrPC; a case registered on or after that date generally follows the BNSS.