Quick answer
No. Being named in an FIR does not by itself justify arrest. For a cognizable offence punishable with imprisonment of less than seven years or up to seven years, Section 35(1)(b) B.N.S.S. allows arrest without warrant only if the officer has reason to believe the person committed the offence and is satisfied that arrest is necessary for one of the purposes listed in the section. The officer must record the reasons for arresting, or for not arresting, in writing. In Arnesh Kumar v. State of Bihar (2014), the Supreme Court told police not to arrest automatically in such cases.
The law: Section 35(1)(b) B.N.S.S.
Section 35 (old Sections 41 and 41A CrPC) lists when police may arrest without a warrant. For offences punishable up to seven years, clause (b) sets two conditions that must both be met:
- Reason to believe: on the basis of a reasonable complaint, credible information or reasonable suspicion, the officer has reason to believe that the person committed the offence.
- Necessity: the officer is satisfied that arrest is necessary:
- to prevent the person from committing a further offence;
- for proper investigation of the offence;
- to prevent the person from causing evidence to disappear or tampering with it;
- to prevent any inducement, threat or promise to a witness to stop him from disclosing facts to the court or police; or
- because, unless arrested, the person's presence in court cannot be ensured.
The officer must record reasons in writing while making the arrest. The proviso adds that where arrest is not required, the officer must record in writing the reasons for not arresting. Where arrest is not required, the officer must instead issue a notice of appearance under Section 35(3).
Power to arrest and need to arrest
| Point | Offences punishable up to 7 years (Section 35(1)(b)) | Offences punishable above 7 years or death (Section 35(1)(c)) |
|---|---|---|
| Basis | Reasonable complaint, credible information or reasonable suspicion | Credible information |
| Belief required | Reason to believe the person committed the offence | Reason to believe the person committed the offence |
| Necessity test | Yes, one of the listed purposes must exist | Not listed in the clause |
| Written reasons | For arrest and for not arresting | Not required by the clause |
The leading case
Arnesh Kumar v. State of Bihar, Supreme Court of India, 2 July 2014 (Chandramauli Kr. Prasad and Pinaki Chandra Ghose, JJ.), reported as (2014) 8 SCC 273. The husband sought anticipatory bail in a Section 498A IPC dowry-cruelty case. The Court held that no arrest should be made only because the offence is non-bailable and cognizable. It directed that police must not arrest automatically, must use a checklist of the Section 41(1)(b)(ii) CrPC grounds, and must forward it with reasons to the Magistrate, who must record satisfaction before authorising detention. The directions apply to all offences punishable with imprisonment up to seven years. Non-compliance exposes police officers to departmental action and contempt, and Magistrates to departmental action.
In Satender Kumar Antil v. CBI (Supreme Court, 15 January 2026), a bench of M.M. Sundresh and N. Kotiswar Singh, JJ. applied these principles to the B.N.S.S. It held that arrest is a statutory discretion, not a duty; that for offences up to seven years both the "reason to believe" condition and at least one necessity ground must exist; and that even then arrest should be made only when it is truly warranted.
Example
Farhan is named in an FIR for a cognizable offence punishable with imprisonment up to three years. He has a known address, cooperates with the police and poses no apparent risk to evidence or witnesses. None of the necessity grounds in Section 35(1)(b)(ii) is made out, so the officer should record why arrest is not required and issue a notice to appear under Section 35(3).
For how arrest fits into the wider Sanhita, see the B.N.S.S. complete notes.
Exam point
The power to arrest is not a reason to arrest: for offences up to seven years, Section 35(1)(b) B.N.S.S. requires reason to believe plus a recorded necessity ground (Arnesh Kumar, 2014).
