Section 35 BNSS Explained – Notice of Appearance Before Arrest and Rights of Citizens
- Advcoate Puneet Thakur
- 8 hours ago
- 3 min read
Arrest directly affects a citizen’s liberty, dignity, and reputation. Even before guilt is established, arrest can have lasting social, professional, and psychological consequences. Recognising the need to prevent unnecessary and mechanical arrests, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has introduced important safeguards to protect individual liberty. One of the most significant among them is Section 35 BNSS, which provides for a Notice of Appearance instead of immediate arrest.
This provision marks a shift in India’s criminal justice system from routine arrests to necessity-based investigation, ensuring that the power to arrest is exercised responsibly and lawfully.
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What is Section 35 BNSS?
Section 35 BNSS empowers the police to issue a written notice of appearance to a person against whom a complaint or reasonable suspicion exists. Instead of arresting the person immediately, the police may require them to appear before the Investigating Officer at a specified place and time.
This provision is generally applied in cases where:
Custodial interrogation is not required, and
The alleged offence is not of a serious or violent nature.
The purpose is to secure cooperation in the investigation without curtailing personal liberty unnecessarily.
Purpose and Legal Intent Behind Section 35 BNSS
The primary objective of Section 35 BNSS is to strike a balance between effective criminal investigation and the fundamental right to personal liberty guaranteed under Article 21 of the Constitution. Arrest is no longer meant to be a routine or automatic consequence of registering an FIR.
By prioritising notice of appearance over arrest, the law recognises that deprivation of liberty must be justified by genuine investigative necessity. This aligns statutory law with constitutional principles and long-standing judicial guidance that arrest should be an exception, not the rule.
When Can Police Arrest Despite Issuing a Notice?
While Section 35 BNSS promotes restraint in arrests, it does not completely take away police powers. Arrest may still be made if there are valid and reasonable grounds, such as:
Failure to comply with the notice of appearance
Likelihood of the accused absconding
Possibility of tampering with evidence
Threatening or influencing witnesses
In such cases, the police are legally required to record the reasons for arrest in writing. This requirement ensures transparency and enables judicial scrutiny of the arrest if challenged.
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Duties and Rights of Citizens Under Section 35 BNSS
Upon receiving a notice under Section 35 BNSS, a citizen is legally obligated to appear before the Investigating Officer and cooperate with the investigation. Non-compliance may lead to lawful arrest.
At the same time, the provision safeguards important legal rights:
The right to consult and be represented by a lawyer
Protection against self-incrimination
The right to challenge illegal or arbitrary arrest before courts
Any arrest made in violation of Section 35 BNSS can be questioned before constitutional or criminal courts, reinforcing accountability in law enforcement. Read More: Legal Steps to Protect Yourself Against Harassment
Legal Impact of Section 35 BNSS
Section 35 BNSS represents a progressive reform aimed at humanising criminal procedure. It reduces the misuse of arrest powers, protects innocent individuals from unnecessary detention, and promotes a rights-based approach to investigation.
By requiring justification and written reasons for arrest, the provision strengthens the rule of law and public trust in the justice system.
Conclusion
Section 35 BNSS is a significant step towards protecting citizens’ liberty while ensuring effective investigation. By replacing routine arrests with notices of appearance, the law recognises the serious consequences of arrest and emphasises fairness, proportionality, and accountability. Awareness of this provision empowers citizens to assert their rights and contributes to a more just and balanced criminal justice system.
FAQs
What is the purpose of Section 35 BNSS?
Section 35 BNSS aims to prevent unnecessary arrests by allowing police to issue a notice of appearance instead of arresting a person when custody is not required.
Is arrest mandatory after an FIR is registered?
No, arrest is not mandatory merely because an FIR has been registered. Section 35 BNSS discourages routine arrests.
Can police arrest after issuing a notice under Section 35 BNSS?
Yes, but only for valid reasons such as non-compliance, risk of absconding, or tampering with evidence, which must be recorded in writing.
What are my rights after receiving a notice under Section 35 BNSS?
You have the right to consult a lawyer and cannot be compelled to make self-incriminating statements.
Can illegal arrest under Section 35 BNSS be challenged?
Yes, any arrest made in violation of Section 35 BNSS can be challenged before the courts.
