Police notice under Section 35 BNSS: what to do
Got a Section 35(3) BNSS notice (old 41A CrPC)? What it means, why it usually protects you from arrest, what to carry, how to reply, and what if you ignore it.
In short
- A notice under Sec 35(3) BNSS asks you to come to the police station and answer questions. It is not an arrest and not a court summons.
- In offences punishable with up to seven years, police must use a notice, not arrest, unless they record written reasons why arrest is necessary.
- If you appear and keep cooperating, you cannot be arrested for that offence unless the officer records fresh reasons (Sec 35(5) BNSS).
- Ignoring the notice lets the police arrest you (Sec 35(6) BNSS). If you cannot go on the date, write and ask for another date.
- Go with the notice, your ID and, ideally, a lawyer. Free legal aid: 15100.
A police officer hands you a paper. It names an FIR, says you are "required to appear" at a police station on a date, and asks you to sign. Most people read it as the first step to jail. Usually it means the opposite: the law has told the officer to call you in rather than lock you up. This paper is a notice of appearance under Sec 35(3) BNSS (the Bharatiya Nagarik Suraksha Sanhita, in force since 1 July 2024; earlier Sec 41A CrPC).
When police must send a notice instead of arresting
For an offence punishable with imprisonment of up to seven years, a police officer may arrest you without a warrant only if the officer has reason to believe you committed the offence and is satisfied that arrest is necessary for a listed reason, such as stopping a further offence, protecting evidence or witnesses, or making sure you appear in court (Sec 35(1)(b) BNSS). The reasons must be written down.
Where arrest is not needed on these tests, Sec 35(3) BNSS says the officer shall issue a notice directing you to appear before them or at another stated place. "Shall" matters. The notice is the rule; arrest is the exception. The Supreme Court laid this down in Arnesh Kumar v. State of Bihar (2014) and has repeated it in Satender Kumar Antil v. CBI. In January 2025 it directed that these notices be served only in the manner the law provides, not by WhatsApp or similar means. In January 2026 it held that an arrest for not complying with a notice must rest on material the officer did not have when the notice was issued, and that this power is to be used sparingly.
What the notice should contain
A genuine notice is on paper, usually on the police station's letterhead, signed by the officer, and shows the FIR number and date, the police station, the sections of the offence, the investigating officer's name, and the date, time and place where you must appear. You will be asked to sign an acknowledgment. Signing only confirms receipt; it admits nothing.
Your protection if you comply
Under Sec 35(4) BNSS you have a duty to comply with the notice. In return, Sec 35(5) BNSS says that as long as you keep complying, you shall not be arrested for the offence named in the notice, unless the officer records reasons why arrest has now become necessary. Complying means appearing on the dates given, answering questions and giving documents the officer lawfully asks for.
Two more protections apply. Art 20(3) of the Constitution says you cannot be forced to be a witness against yourself, so you may decline to answer a question that would incriminate you. Sec 38 BNSS lets you meet an advocate of your choice during questioning, though not throughout the interrogation.
Sec 35(7) BNSS adds a new rule: if you are above sixty, or infirm, and the offence is punishable with less than three years' imprisonment, the police cannot arrest you without the prior permission of an officer not below the rank of Deputy Superintendent of Police.
What happens if you do not appear
Under Sec 35(6) BNSS, if you fail to comply with the notice, or refuse to identify yourself, the officer may arrest you for the offence in the notice, subject to any court order. Many people lose the notice's protection simply by staying away out of fear.
If you genuinely cannot attend because of illness, an exam, a court date elsewhere or a family emergency, write to the investigating officer before the date. State the reason, attach proof (medical certificate, hall ticket, travel ticket) and ask for another date. Hand it in at the station and get a receipt, or send it by email and registered post. A reasoned, recorded request is compliance; silence is not.
Step by step
- Read the notice fully and keep a copy. Sign the acknowledgment only after reading, and write the date and time of receipt next to your signature.
- Call a lawyer the same day. Art 22(1) gives you the right to consult a lawyer of your choice. If you cannot pay, call 15100 or visit the District Legal Services Authority (DLSA) office, usually in the district court complex.
- Get the FIR from the police station or the state police website, where most FIRs (except in sensitive cases) are uploaded.
- Go on time, with your lawyer if possible. Carry the notice, a photo ID and the documents asked for. Be polite and truthful. Do not sign blank papers or an unread statement.
- Keep a diary of officers met, arrival and departure times, and every document you signed or handed over.
- If you fear arrest despite complying, ask your lawyer about anticipatory bail (bail granted in advance by the Sessions Court or High Court under Sec 482 BNSS).
Rekha, a school teacher in Nagpur, receives a notice to appear in an FIR about a property dispute with a neighbour. The offence is punishable with up to three years. She panics, but her legal aid lawyer explains that under Section 35(3) the police had to call her in rather than arrest her. She downloads the FIR from the police website, goes to the station on the date with her lawyer and her sale deed, answers questions for an hour and signs the attendance register. She notes the officer's name and the time she left. She is not arrested; the police later file a report in court, where she will defend the case.
Keep these ready
- The notice, and your signed acknowledgment with the date and time
- A copy of the FIR (from the police station or state police website)
- A photo ID (Aadhaar, voter ID or driving licence) and an address proof
- Any documents connected to the allegation (agreements, receipts, chats, bank statements)
- Your lawyer's or the DLSA's phone number, and a note of every visit to the station
A message on WhatsApp, SMS or a phone call saying "a notice has been issued, pay to settle" is not a Section 35 notice. Real notices are served on paper, in person or at your address. No officer collects money over a call, and there is no such thing as a "digital arrest". Report such calls on 1930.
If the police misuse the process
If you are arrested despite complying and no fresh reasons are recorded, tell the Magistrate when you are produced within 24 hours (Sec 58 BNSS). The Magistrate must check whether the arrest met the legal tests before authorising further custody. Courts have granted bail on this ground, and officers can face departmental action.
Where to go
- The investigating officer named in the notice, for a copy of the FIR or a change of date (in writing, with receipt)
- Superintendent or Commissioner of Police, for a written complaint about misuse of the notice or wrongful arrest
- District Legal Services Authority or NALSA helpline 15100, for a free lawyer
- Magistrate's court, at your first production, to object to an unlawful arrest; Sessions Court or High Court, for anticipatory bail
- State Human Rights Commission or NHRC for custodial misconduct; 112 in an emergency; 1930 for scam calls
Common questions
Is a Section 35 BNSS notice the same as the old Section 41A CrPC notice?
Yes. The old Section 41A CrPC became Section 35(3) BNSS on 1 July 2024, with the same core rule: for offences punishable up to seven years, police must issue a notice instead of arresting unless arrest is shown to be necessary. Section 35(7) BNSS adds a new protection for persons above sixty or infirm.
Can I be arrested when I go to the police station after a notice?
Not for the offence named in the notice, as long as you comply, unless the officer records reasons why arrest has become necessary (Section 35(5) BNSS). The Supreme Court held in January 2026 that an arrest under Section 35(6) must rest on material the police did not have when they issued the notice. If you are arrested anyway, tell the Magistrate at your first production.
Do I have to answer every question the police ask?
You must identify yourself and attend as directed. Answer truthfully, but Article 20(3) of the Constitution means you cannot be compelled to give answers that incriminate you. Do not lie, and do not sign a statement you have not read.
Can the police send the notice on WhatsApp?
In January 2025 the Supreme Court directed that notices under Section 35 BNSS and the old Section 41A be served in the manner the law prescribes, and said service through WhatsApp or similar electronic means is not a substitute. If you receive such a message, verify with the police station directly and ask for the notice to be served formally.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
