Short answer: A notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) asks you to appear before the police; it is not an arrest. If you comply with it and continue to comply, the law says you should not be arrested unless the officer records reasons. Careful preparation and a clear paper trail protect you, so treat the notice seriously and respond in time.
What the law says
For offences punishable with imprisonment up to seven years, Section 35(1)(b) BNSS allows arrest without a warrant only when specific necessity conditions are met, and the officer must record reasons in writing. Where arrest is not required, Section 35(3), which corresponds to the old Section 41A of the Code of Criminal Procedure, requires the police to issue a notice of appearance instead.
Two further provisions matter. Under Section 35(5), where you comply with the notice and continue to comply, you shall not be arrested in respect of the offence mentioned in it, unless, for reasons to be recorded, the officer is of the opinion that you ought to be arrested. Under Section 35(6), failure to comply, or unwillingness to identify yourself, may allow the officer to arrest you. Section 35(7) adds that a person who is infirm or above sixty years of age cannot be arrested for an offence punishable with less than three years without the permission of an officer not below the rank of Deputy Superintendent of Police.
The Supreme Court in Arnesh Kumar v. State of Bihar (2014) and Satender Kumar Antil v. CBI (2022) stressed that these safeguards must be followed strictly. For background, see our article on police arrest after an FIR and the Section 35 notice.
Checklist: what to do, in order
- Read the notice closely. Note the FIR number, police station, sections mentioned, the date and time fixed, the name of the investigating officer, and any documents you are asked to bring.
- Get a copy of the FIR. If it is not attached, obtain it from the police station or the state police website, where it is available.
- Reply in writing before the date. A short acknowledgement confirming that you will appear, or explaining why you cannot appear that day, shows good faith. Send it by email and by post, or deliver it at the police station and take a receiving.
- Collect your documents. Carry a government photo identity card, the original notice, a copy of the FIR, and photocopies of any documents requested, arranged with an index. Keep a set of the same copies for yourself.
- Hand over copies, not originals, unless asked. If originals must be produced, ask for a written receipt or seizure memo listing each item.
- Decide who will accompany you. A family member may come with you to the police station. Under Section 38 BNSS, you may meet an advocate of your choice during interrogation, though not throughout it.
- Keep a record of attendance. Note your arrival and departure times and the officers present. Ask for a written acknowledgement that you appeared, or note it in a dated letter handed over on the spot.
- Answer truthfully and calmly. You are bound to answer truthfully, but you are not bound to answer questions whose answers would tend to expose you to a criminal charge. Statements made to the police are not admissible as a confession against you.
- Write down what happened afterwards. While it is fresh, record the questions asked, documents handed over and any further date given.
If you cannot attend on the date
Illness, a court date, travel already booked or a family emergency can be genuine reasons. Inform the investigating officer in writing before the date, give the reason with supporting proof, and offer specific alternative dates. Do not simply stay away. Silence can be treated as non-compliance under Section 35(6).
Your rights and common mistakes
You have the right to be treated with dignity, to know what case you are being questioned about, and to meet your advocate during interrogation. If you have a genuine apprehension of arrest despite complying, you may also consider applying for anticipatory bail under Section 482 BNSS before the Sessions Court or the High Court.
Common mistakes include ignoring the notice, sending a relative in your place, carrying originals without keeping copies, signing statements without reading them, and making informal promises to the complainant at the police station. Another mistake is bringing documents that have been altered or recreated. Produce documents as they exist, and never destroy or change anything connected with the case.
Common questions
Will I be arrested when I go?
If you comply with the notice, Section 35(5) protects you from arrest unless the officer records reasons. That protection is significant but not absolute, which is why preparation and legal advice matter.
Can my advocate sit with me throughout the questioning?
Section 38 gives you the right to meet an advocate during interrogation, but not throughout it. The advocate may be present for part of the time, as the police permit.
Do I have to sign the statement the police write?
Statements recorded by the police during investigation are not required to be signed by the person making them. If you are asked to sign any document, read it carefully first.
Can I be called again?
Yes. Investigation may need more than one visit. Each visit should be recorded in the same way.
When to speak to an advocate
Speak to an advocate as soon as you receive the notice and before your first appearance. An advocate can review the FIR and notice, draft your written reply, prepare the document index, and advise whether anticipatory bail should be sought.
Sources: Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code).
For a confidential discussion about a Section 35 BNSS notice, see Criminal Lawyer, Surajpur Court, Greater Noida.
General legal information only; not legal advice or solicitation.
