In short: Your police summons rights India BNSS are governed by Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced the old CrPC from 1 July 2024. When police suspect you of a cognizable offence but do not need to arrest you immediately, they must issue a written notice of appearance — and as long as you comply, you cannot be arrested without written reasons.
Key points
- Section 35 BNSS replaced both Section 41 and Section 41A of the CrPC, consolidating arrest grounds and notice procedure into a single provision effective 1 July 2024.
- For offences punishable with up to seven years’ imprisonment, issuing a notice is the default rule — arrest is the exception, not the other way around.
- A valid Section 35 notice must state the crime number, the offence alleged, and must have a copy of the FIR attached. If any of these are missing, you are generally not obliged to comply and no coercive action can be taken.
- The Supreme Court of India has held that a Section 35 notice cannot be served by WhatsApp, email, or SMS — the Legislature specifically excluded it from BNSS’s electronic-service provisions.
- If you comply with the notice, police cannot arrest you unless an officer records written reasons establishing why arrest is necessary.
- A new protection under Section 35(7) BNSS — absent from the old CrPC — requires prior permission of an officer not below the rank of Deputy Superintendent of Police before arresting a person above sixty years of age or a person who is infirm, where the offence carries less than three years’ imprisonment.
What is a Section 35 BNSS notice and why does it matter?
India replaced the Code of Criminal Procedure, 1973 with the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) on 1 July 2024. One of the most practically important changes for ordinary citizens is Section 35, which governs both when police may arrest and when they must instead issue a notice of appearance.
Under the old CrPC, arrest grounds and the notice procedure were split across two separate sections. BNSS merges them into one place, making the law easier to read — and, in theory, easier to enforce against arbitrary arrest.
The core idea is straightforward: if police have a reasonable complaint, credible information, or a reasonable suspicion that you have committed a cognizable offence, but they do not consider an immediate arrest necessary, they must issue you a written notice telling you where and when to appear.
When must police give you a notice instead of arresting you?
For offences punishable with imprisonment of up to seven years, the notice is not a discretionary favour — it is the default. Arrest in such cases is an exception that requires justification.
Section 35(3) BNSS states clearly that as long as you comply with the notice, you shall not be arrested unless the police officer records written reasons establishing the necessity of an arrest. That written recording is a crucial safeguard: it creates an accountable paper trail that can be challenged before a court.
What must a valid notice contain?
Not every piece of paper handed to you by a police officer qualifies as a lawful Section 35 notice. The law requires that a valid notice must specify the crime number, state the offence alleged, and attach a copy of the FIR.
If the notice you receive is missing the crime number, does not identify the offence, or does not come with an FIR copy, you are — subject to just exceptions — not obliged to appear, and the police cannot take coercive action against you for not appearing.
This is a meaningful protection. Always check these three elements before deciding how to respond to a notice.
How must the notice be served?
The Supreme Court of India has ruled that a Section 35 notice cannot be served through electronic means such as WhatsApp, email, or SMS. This is not an oversight: the Legislature deliberately excluded Section 35 notices from the electronic-service provisions available elsewhere in the BNSS.
The reason matters in law. A summons issued by a court is a judicial act; a notice from the police is an executive act. Because non-compliance can ultimately lead to arrest, the Court held that service must be carried out in a manner that genuinely protects your substantive rights. If you receive only a WhatsApp message or email asking you to appear before police, that alone is not a lawful notice under Section 35.
What happens if you do not comply?
Non-compliance does not automatically result in arrest. Section 35(6) BNSS preserves a discretion with the investigating agency: police must form the opinion that arrest is actually necessary for the purposes of investigation before they can arrest you for non-appearance.
In practice, however, ignoring a lawful notice is risky. If police do decide arrest is warranted, a prior failure to comply weakens your position considerably. If you have received a valid notice, the safer course is always to appear — accompanied by a lawyer — rather than to ignore it.
Special protection: older and infirm persons
Section 35(7) BNSS introduces a protection that had no equivalent in the CrPC. Where the alleged offence carries less than three years’ imprisonment and the person is above sixty years of age or is infirm, no arrest may be made without prior permission of an officer of at least the rank of Deputy Superintendent of Police.
If you or a family member falls into this category, any arrest made without that senior-level authorisation is potentially unlawful and challengeable in court.
Your other rights during a police investigation
Section 35 does not exist in isolation. Several other provisions protect you once you are in contact with investigating police.
Under Section 38 BNSS, you have the right to meet an advocate during interrogation. Exercise this right early. Article 20(3) of the Constitution protects you from being compelled to be a witness against yourself — in plain terms, you have the right to remain silent when answering police questions could incriminate you.
If you are ultimately arrested, Article 22(2) of the Constitution and Section 57 BNSS together require that you be produced before a magistrate within 24 hours of arrest, preventing prolonged detention without judicial scrutiny.
For a broader overview of your rights at every stage of a criminal matter, see our related guides in the Law for You hub, which explains criminal procedure in plain language for the general public.
Old law vs new law: at a glance
| Feature | CrPC (before 1 July 2024) | BNSS (from 1 July 2024) |
|---|---|---|
| Arrest grounds | Section 41 CrPC | Section 35 BNSS (merged) |
| Notice of appearance | Section 41A CrPC | Section 35(3) BNSS (merged) |
| Notice served electronically? | Not addressed specifically | Not permitted — excluded from electronic-service provisions |
| Protection for elderly / infirm | No equivalent provision | Section 35(7): DSP-level permission required for offences under 3 years |
| Default rule for offences up to 7 years | Notice preferred, but less explicit | Notice is mandatory default; arrest requires written justification |
| FIR copy required with notice? | Not required | Yes — mandatory for a valid notice |
Frequently asked questions
Can police arrest me immediately if I receive a Section 35 BNSS notice?
No. As long as you comply with the notice, police cannot arrest you unless an officer records written reasons showing that arrest is necessary. For offences punishable with up to seven years’ imprisonment, the notice is the default and arrest is the exception. If you are above sixty or infirm and the offence carries less than three years, the police also need prior permission from an officer of at least Deputy Superintendent of Police rank before arresting you.
Is a police summons sent on WhatsApp or email valid under BNSS?
No. The Supreme Court of India has ruled that a Section 35 notice cannot be served through electronic means such as WhatsApp, email, or SMS. The Legislature specifically excluded Section 35 from the BNSS’s electronic-service provisions. If you have received only an electronic message asking you to appear, that is not a lawful notice, and you should consult an advocate before responding.
What should I check before responding to a police notice?
Verify three things: first, that the notice states the crime number; second, that it identifies the offence alleged; and third, that a copy of the FIR is attached. If any of these elements are missing, you are generally not obliged to appear and no coercive action can lawfully be taken against you for non-appearance. Always engage an advocate to review the notice before you respond.
This article is for general information only and is not legal advice. Laws change; verify against the primary sources cited and consult a qualified advocate for your situation.
