Arrest Is NOT Mandatory!😲😲 Supreme Court Clarifies Section 35(3) BNSS Rule

Описание: In a landmark judgment, the Supreme Court of India has held that serving a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is mandatory for offences punishable up to 7 years of imprisonment.

A bench of Justice MM Sundresh and Justice N. Kotiswar Singh clarified that arrest is not automatic or mandatory in such cases. Instead, notice is the rule and arrest is an exception.

The Court emphasized that for arrest to be valid under Section 35(1)(b) BNSS, two conditions must exist:-

• Police must have reason to believe the offence was committed
• Arrest must be necessary for specific reasons such as preventing further offence, protecting evidence, ensuring court appearance, etc.

Even when these conditions exist, arrest is discretionary not compulsory.

The Court further ruled:-

✔ Notice under Section 35(3) is mandatory for offences up to 7 years
✔ Reasons for arrest must be recorded in writing
✔ If a person complies with notice, they cannot be arrested (Section 35(5))
✔ Arrest after notice is an exception, not routine

Case: Satender Kumar Antil vs CBI (2026 SC)

This judgment strengthens personal liberty under Article 21 and reinforces that police power of arrest must be used carefully and responsibly.


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