Quick answer
Yes. Under Section 35(3) B.N.S.S., in every case where arrest is not required under Section 35(1), the police officer must issue a notice directing the person to appear before him or at another specified place. The person must comply. A person who complies and continues to comply shall not be arrested for that offence unless the officer, for reasons recorded, forms the opinion that he ought to be arrested. This provision replaces Section 41A CrPC.
The law: Section 35(3) to 35(7) B.N.S.S.
- Section 35(3), duty to issue notice: where arrest is not required under Section 35(1), the officer "shall" issue a notice to the person against whom there is a reasonable complaint, credible information or reasonable suspicion of a cognizable offence, directing him to appear.
- Section 35(4), duty to comply: the person served must comply with the terms of the notice.
- Section 35(5), protection from arrest: while the person complies, he shall not be arrested for the offence in the notice unless the officer records reasons for the opinion that he ought to be arrested.
- Section 35(6), consequence of non-compliance: if the person fails to comply or is unwilling to identify himself, the officer may arrest him for the offence in the notice, subject to any orders passed by a competent court.
- Section 35(7), new safeguard: no arrest may be made without the 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 60 years of age.
Notice and arrest compared
| Point | Notice of appearance (Section 35(3)) | Arrest without warrant (Section 35(1)(b)) |
|---|---|---|
| When used | Arrest is not required | Reason to believe plus a listed necessity ground |
| Effect on liberty | Person stays free and attends as directed | Person is taken into custody |
| Written record | Reasons for not arresting (proviso to Section 35(1)(b)) | Reasons for arresting |
| Old CrPC | Section 41A | Section 41(1)(b) |
Case law
Arnesh Kumar v. State of Bihar, Supreme Court of India, 2 July 2014 (Chandramauli Kr. Prasad and Pinaki Chandra Ghose, JJ.). Among its directions, the Court required the notice of appearance under Section 41A CrPC to be served on the accused within two weeks from the date the case is instituted, extendable by the Superintendent of Police for reasons recorded in writing. The directions cover offences punishable with imprisonment up to seven years.
Satender Kumar Antil v. CBI, Supreme Court of India, 15 January 2026 (M.M. Sundresh and N. Kotiswar Singh, JJ.). Reading Section 35(3) with Section 35(1)(b) B.N.S.S., the Court held that for offences punishable up to seven years a notice under Section 35(3) is the rule and arrest is a clear exception. Even after a notice, arrest under Section 35(6) is not routine and must rest on material not available when the notice was issued.
Example
Armaan is being investigated in a business dispute for an offence punishable with up to three years. He has a fixed address and answers police questions. The officer issues him a notice under Section 35(3) to appear at the police station. Armaan attends each time, so under Section 35(5) he cannot be arrested for that offence unless the officer records reasons why arrest has become necessary. If Armaan ignored the notice or refused to identify himself, Section 35(6) would allow arrest, subject to any court order, but even then arrest would not be automatic.
For a quick revision of related procedure, see 30 B.N.S.S. concepts in brief.
Exam point
Section 35(3) B.N.S.S. (old Section 41A CrPC): where arrest is not required, a notice to appear is mandatory, and a person who complies cannot be arrested without recorded reasons.
