Can Police Arrest Me Right After an FIR in UP? Section 35 BNSS

Short answer: Not automatically. For offences punishable with up to seven years, Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows arrest without warrant only if the officer records why it is necessary; otherwise the police must issue a notice to appear. If an arrest is made, written grounds must be given, and the Allahabad High Court has held arrests and remand illegal where they were not.

Offences punishable up to seven years

Under Section 35(1)(b), for a cognizable offence punishable with imprisonment of less than seven years or up to seven years, police may arrest without warrant only if the officer has reason to believe the person committed it and is satisfied that arrest is necessary, for example to prevent further offences, for proper investigation, to prevent tampering with evidence or threats to witnesses, or to secure attendance in court. The reasons for arresting, or for not arresting, must be recorded in writing.

Where arrest is not required, Section 35(3) requires a notice directing the person to appear. Under Section 35(5), a person who complies and continues to comply is not to be arrested unless the officer records reasons. Failure to comply can lead to arrest under Section 35(6). For offences punishable with less than three years, arresting an infirm person or a person above sixty needs prior permission of an officer not below the rank of Deputy Superintendent of Police (Section 35(7)).

Grounds of arrest

Section 47 BNSS requires the arrested person to be told the full particulars of the offence or other grounds of arrest, and Section 48 requires a relative or nominated person to be informed. In Mihir Rajesh Shah v. State of Maharashtra (2025), the Supreme Court held that grounds must be given in writing, in a language the person understands, at least two hours before production before the Magistrate, failing which the arrest and remand are illegal.

Applying that ruling, a Lucknow bench of the Allahabad High Court (Justices Abdul Moin and Pramod Kumar Srivastava) in Manoj Kumar v. State of U.P. (reported 7 May 2026) declared an arrest and remand illegal, ordered release and directed Rs 10 lakh compensation. In Santosh Gupta v. State of U.P. (reported 11 May 2026), the State assured the Court that no arrest would be made without reasons and grounds.

Serious offences

For offences punishable with more than seven years, the Section 35(1)(b) conditions do not apply in the same way, and anticipatory bail under Section 482 BNSS is the usual protective remedy. Quashing under Section 528 may be sought where the FIR does not disclose an offence.

Related questions

What should I do if I receive a Section 35 notice?

Appear on the date given, carry identity proof and relevant documents, and keep proof of attendance. Continued compliance is the main protection against arrest under Section 35(5).

Can the police arrest me during questioning after a notice?

Only if the officer records reasons that arrest has become necessary. The recorded reasons can be examined by the Magistrate and the High Court.

What if I was not given written grounds of arrest?

Raise it at the first remand hearing. The Allahabad High Court has treated failure to give written grounds as making the arrest and remand illegal.

Who must be told about my arrest?

Under Section 48 BNSS, a relative, friend or nominated person must be informed of the arrest and place of detention, and the Magistrate must check compliance.

Practical points

• Read the FIR to see the maximum punishment for each offence alleged.
• Respond to any Section 35 notice in writing and attend as directed.
• Keep a family member informed of each appearance before the police.
• If arrested, ask for written grounds and note the time they are given.
• Consider anticipatory bail where serious offences are alleged.

Sources: Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code); LiveLaw, 7 May 2026; LiveLaw, 11 May 2026.

For a confidential discussion on arrest, notices and bail, see Criminal Lawyer, Surajpur Court, Greater Noida.

General legal information only; not legal advice or solicitation.