A call from the police station saying “come and give your statement” is frightening, especially when it concerns a family dispute or a business disagreement. Often, it arrives formally as a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This is the provision that replaced the familiar Section 41A CrPC notice. Here is what it actually means, and how to respond.
Key takeaways
- A Section 35(3) notice is an alternative to arrest, not an arrest.
- If you comply, the police can arrest you only by recording reasons.
- The notice must be served as the law prescribes; WhatsApp service is not valid.
- You have the right to meet your advocate during interrogation.
What Is a Section 35(3) BNSS Notice?
Section 35(3) applies where the police do not consider arrest necessary under Section 35(1). Instead of arresting you, they issue a notice directing you to appear before them, or at a specified place. It commonly arises in matrimonial complaints, cheating allegations, cheque-related disputes and other offences punishable with imprisonment of up to seven years.
Section 35(3) BNSS vs Section 41A CrPC
Section 35(3) BNSS is the successor to Section 41A CrPC, which applied until 1 July 2024. The core idea is the same, and the case law developed under Section 41A continues to guide how courts apply it.
Does a Police Notice Mean You Will Be Arrested?
No. It means the opposite: the police have decided that arrest is not necessary at this stage. If you appear and comply with the terms of the notice, you cannot be arrested for that offence unless the police officer records reasons in writing explaining why arrest has become necessary.
Ignoring the notice is the worst option. Failure to comply gives the police grounds to seek your arrest.
The Arnesh Kumar Guidelines
In Arnesh Kumar v. State of Bihar (2014), the Supreme Court held that the police must not arrest mechanically in offences punishable with up to seven years. Magistrates must not authorise detention without examining whether arrest was justified. These guidelines continue to apply under the BNSS.
How Must the Notice Be Served?
In Satender Kumar Antil v. CBI, the Supreme Court clarified in 2025 that these notices must be served in the manner prescribed by law. Service through WhatsApp or other electronic messaging is not a valid substitute. If you have received a notice only on WhatsApp, do not simply ignore it. Speak to a lawyer about how to respond.
Special Protection for Senior Citizens and the Infirm
Section 35(7) BNSS introduces a new safeguard. For offences punishable with imprisonment of less than three years, a person who is infirm or above 60 years of age cannot be arrested without the prior permission of an officer not below the rank of Deputy Superintendent of Police (DSP).
Your Rights When You Appear at the Police Station
- Right to an advocate: under Section 38 BNSS, you may meet an advocate of your choice during interrogation, though not throughout it.
- Right against self-incrimination: under Article 20(3) of the Constitution, you cannot be compelled to be a witness against yourself.
- Right to know the case: you can ask for the FIR number and the sections involved, and obtain a copy of the FIR.
- Right to dignity: the police must not use threats, coercion or ill-treatment.
Should You Apply for Anticipatory Bail Under Section 482 BNSS?
If the allegations involve serious offences, or you have real reason to fear arrest despite the notice, you can apply for anticipatory bail under Section 482 BNSS before the Sessions Court or the High Court. Whether it is needed depends on the offence, the facts and the conduct of the investigation so far. Take advice early. Once you have been arrested, the only remedy is regular bail.
What to Do: A Step-by-Step Checklist
- Read the notice carefully: the date, time, place, sections and case or FIR number.
- Do not ignore it, and do not go unprepared.
- Consult a lawyer before you appear.
- If you cannot attend on the date given, write to the investigating officer, seek another date and keep proof.
- Carry the notice, your ID and any documents that support your side.
- Answer truthfully but carefully, and do not volunteer speculation.
- Keep a written record of when you appeared and what documents you handed over, preferably with an acknowledgement.
Common Mistakes to Avoid
- Skipping the appearance because the complaint seems false
- Going alone without knowing what the allegations are
- Signing statements you have not read
- Handing over original documents without keeping copies
- Posting about the case on social media
Frequently Asked Questions
Is a Section 35(3) BNSS notice the same as a 41A notice?
Yes, in substance. Section 35(3) BNSS replaced Section 41A CrPC from 1 July 2024, and the principles developed under Section 41A continue to apply.
Can the police arrest me after I appear?
Only if the officer records written reasons explaining why arrest has become necessary. If you comply with the notice, arrest is the exception, not the rule.
Can I take my lawyer with me to the police station?
Yes. Under Section 38 BNSS, you are entitled to meet an advocate of your choice during interrogation, though not throughout the entire interrogation.
What if I receive the notice on WhatsApp?
The Supreme Court has held that notices under Section 35 BNSS cannot be served through WhatsApp or other electronic means. Consult a lawyer on how to respond rather than ignoring it.
Disclaimer: This article is for general information and awareness only. It does not constitute legal advice, and reading it does not create an advocate–client relationship. Laws and judicial interpretations change; please consult a qualified advocate about your specific situation.
