Posts in category: Criminal

Introduction – Police Notice under Section 35(3) BNSS

Receiving a police notice asking you to appear before an Investigating Officer can immediately raise concerns about arrest, questioning, an FIR and the future of the criminal case.

The first thing to understand is that a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is not the same as an arrest warrant.

It is a statutory notice requiring a person to appear before the police and cooperate with an investigation where the police do not consider immediate arrest necessary at that stage.

Before the BNSS came into force, the corresponding provision was generally known as Section 41A of the Code of Criminal Procedure, 1973 (CrPC).

Therefore, people still searching online for:

• Section 41A CrPC notice
• 41A police notice
• notice to join investigation
• police notice before arrest
• police station notice in Delhi

should understand that in current proceedings the relevant provision is ordinarily Section 35(3) BNSS.

For a person who has received such a notice in Delhi, the correct response is neither panic nor disregard. The notice should be examined carefully, the allegations should be understood and the person should comply with the investigation while protecting his or her legal rights.

What Is a Notice Under Section 35(3) BNSS?

Section 35 BNSS deals with situations in which police may arrest a person without warrant.

Section 35(3) provides that where arrest is not required under Section 35(1), the police officer shall issue a notice directing a person against whom a reasonable complaint has been made, credible information has been received or reasonable suspicion exists of involvement in a cognizable offence to appear before the police officer or at another place specified in the notice.

This has an important practical consequence.

The police may investigate a person without immediately taking that person into custody.

A notice to join investigation is therefore an important procedural stage and should be treated seriously.

Section 41A CrPC vs Section 35(3) BNSS

The terminology changed after the introduction of the BNSS.

Earlier Law	Present Law
Section 41 CrPC	Section 35 BNSS
Section 41A CrPC	Section 35(3)–35(6) BNSS
Section 41D CrPC	Section 38 BNSS
Notice of appearance before police	Notice requiring appearance during investigation

Delhi Police’s own BNSS forms identify the notice for appearance under Section 35(3) BNSS as corresponding to the erstwhile Section 41A CrPC.

Therefore, an old article referring only to Section 41A CrPC is no longer sufficient for a person facing a current investigation.

Is a Section 35(3) BNSS Notice an Arrest Notice?

No.

A notice under Section 35(3) ordinarily indicates that, at the stage when the notice is issued, the Investigating Officer has chosen the notice-and-cooperation route rather than immediate arrest.

However, this should not be misunderstood to mean that arrest becomes legally impossible in every circumstance.

Section 35(5) BNSS provides an important protection where the person:

• complies with the notice; and
• continues to comply with its terms.

In such circumstances, the person should not be arrested in relation to the offence mentioned in the notice unless the police officer records reasons for forming the opinion that arrest has become necessary.

This makes continued compliance extremely important.

Supreme Court’s 2026 Clarification on Section 35 BNSS

The legal position was further clarified by the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation & Anr., 2026 INSC 115, decided on 15 January 2026.

The Supreme Court examined the relationship between:

• Section 35(1)(b) BNSS;
• Section 35(3) BNSS;
• compliance with a police notice; and
• subsequent arrest.

For offences punishable with imprisonment up to seven years, the Supreme Court clarified that issuance of notice under Section 35(3) is the rule, while arrest is an exception.

The Court further emphasised that arrest cannot be treated as a routine method merely for questioning a person.

The Investigating Officer must consider whether custody is objectively necessary for the investigation and comply with the safeguards contained in Section 35.

For a person who has already received a notice and continues to comply with it, the statutory protection under Section 35(5) therefore assumes substantial importance.

At the same time, the judgment should not be misunderstood as providing absolute protection from arrest in every case. Arrest can still arise where the statutory requirements are met and legally sufficient reasons exist.

What Should You Do Immediately After Receiving a Section 35(3) Notice?

The safest approach is to deal with the notice methodically.

1. Read the Entire Notice

Check:

• FIR number;
• date of FIR;
• police station;
• sections mentioned;
• name of Investigating Officer;
• date and time for appearance;
• place where appearance is required;
• documents, devices or information requested.

Do not rely only upon what somebody tells you verbally about the case.

Understanding the precise contents of the notice is the first step.

2. Verify the FIR and Allegations

Where an FIR number is mentioned, obtain and examine the FIR wherever legally accessible.

You need to understand:

• who has made the complaint;
• what acts are attributed to you;
• which offences are alleged;
• whether you are specifically named;
• whether the dispute has documentary, financial, matrimonial, property, cyber or commercial background;
• whether other accused persons are involved.

A police notice should be considered in the context of the entire case, not in isolation.

3. Do Not Ignore the Notice

Section 35(4) BNSS places a duty upon the noticee to comply with the terms of the notice.

Ignoring repeated notices without lawful justification can create unnecessary complications.

At the same time, non-compliance does not automatically mean arrest in every case. The Supreme Court has clarified that even arrest following non-compliance is not meant to operate mechanically.

Nevertheless, voluntarily creating a record of non-compliance is rarely a sensible litigation strategy without proper legal advice.

4. Preserve All Relevant Evidence

Before joining investigation, identify and preserve material relevant to the allegations, including where applicable:

• WhatsApp conversations;
• emails;
• contracts;
• bank statements;
• payment records;
• invoices;
• photographs;
• call records available with you;
• property documents;
• employment records;
• business correspondence;
• screenshots;
• electronic transaction details;
• earlier complaints and representations.

Do not delete, modify or fabricate digital evidence after receiving a police notice.

The surrounding electronic record may later become important both during investigation and during bail or trial proceedings.

5. Prepare a Chronology

A concise chronology often helps in understanding the case.

Record:

• when the relationship or transaction began;
• important dates;
• payments made or received;
• relevant meetings or communications;
• emergence of the dispute;
• earlier notices or complaints;
• police communications;
• filing of FIR, if known;
• subsequent developments.

This helps distinguish relevant facts from assumptions and emotional responses.

Should You Take an Advocate to the Police Station?

A person receiving a notice can seek legal advice before joining investigation.

An advocate can assist by examining:

• the FIR or complaint;
• offences invoked;
• arrest exposure;
• documents relevant to the defence;
• need for written representation;
• bail implications;
• manner in which investigation should be joined.

However, it is important not to overstate the advocate’s role.

The law does not necessarily give an advocate a right to sit beside a noticee throughout the entire police interrogation.

Section 38 BNSS provides that an arrested person is entitled to meet an advocate of his or her choice during interrogation, though not throughout interrogation.

Accordingly, professional legal assistance before and during the investigation stage can be valuable, but the precise extent of the advocate’s presence during questioning depends upon applicable law and circumstances.

The correct objective is to obtain lawful legal assistance—not to obstruct the investigation.

Can Police Arrest You After You Comply With the Notice?

Compliance provides an important statutory safeguard, but the answer is not an unconditional “no.”

Under Section 35(5), a person complying and continuing to comply with the notice should not be arrested for the offence referred to in the notice unless the police officer records reasons for concluding that arrest is necessary.

The Supreme Court’s January 2026 decision further emphasised that subsequent arrest should not become routine.

Therefore, factors such as the following can become relevant:

• nature of allegations;
• seriousness of offence;
• punishment prescribed;
• availability of evidence;
• possibility of evidence being destroyed;
• threat or influence upon witnesses;
• likelihood of absconding;
• cooperation with investigation;
• requirement of custodial investigation;
• developments discovered after issuance of notice.

Each case therefore requires an individual assessment.

What If You Cannot Appear on the Date Mentioned?

Do not simply remain absent.

If there is a genuine difficulty—such as illness, unavoidable travel, another court appearance or other legitimate circumstances—it may be appropriate to promptly communicate with the Investigating Officer and seek another date.

The communication should preferably create a proper record.

A request for another date is different from deliberately avoiding investigation.

Should You Give Documents to Police?

That depends upon what has been requested and the nature of the investigation.

Before handing over important original documents or electronic material, understand:

• what is being requested;
• under which authority;
• whether originals are required;
• whether copies can be provided;
• whether an acknowledgment or seizure memo should be obtained;
• whether the device or document contains unrelated confidential information.

Never fabricate or alter records in response to a police notice.

Should You Sign a Statement at the Police Station?

Do not sign documents blindly.

Read every document placed before you and understand its nature before signing.

There is an important distinction between:

• acknowledging receipt or attendance;
• handing over documents;
• a seizure memo;
• a written representation submitted by you;
• a police-recorded statement;
• other investigation documents.

These documents can have different legal consequences.

If uncertain, obtain legal advice before signing.

What About Self-Incrimination?

Article 20(3) of the Constitution provides protection against compelled self-incrimination to a person accused of an offence.

At the same time, receiving this constitutional protection does not mean that a person can simply disregard every lawful investigation requirement.

The distinction between lawful cooperation, production of material and compelled testimonial self-incrimination can be legally significant.

That is why case-specific legal advice becomes particularly important where questioning involves financial transactions, electronic evidence, passwords, business records or potentially incriminating circumstances.

Do You Need Anticipatory Bail After Receiving a Section 35(3) Notice?

Not automatically.

The fact that a Section 35(3) notice has been issued generally indicates that immediate arrest was not considered necessary when the notice was issued.

However, whether anticipatory bail should still be considered depends upon factors such as:

• offences alleged;
• maximum punishment;
• conduct of investigation;
• previous attempts at arrest;
• allegations against co-accused;
• changed circumstances;
• previous notices;
• nature of evidence;
• actual apprehension of arrest.

Filing anticipatory bail mechanically merely because a police notice has been issued is not necessarily the correct approach.

Conversely, a genuine and reasonable apprehension of arrest should not be ignored merely because the person has earlier received a notice.

The strategy must depend upon the facts.

What If the Complaint Is False?

Receiving a police notice does not establish guilt.

If the allegations are demonstrably incorrect, useful material may include:

• contemporaneous communications;
• financial records;
• location or transaction records;
• contractual documents;
• prior disputes;
• earlier complaints;
• photographs or recordings lawfully available;
• independent witnesses.

A written representation may sometimes be appropriate.

A counter-complaint should not be filed automatically merely because someone has lodged an FIR against you. It should be considered only where the facts independently disclose a legal basis for such a complaint.

Retaliatory complaints without factual foundation can complicate the dispute rather than assist the defence.

Police Notice in Cheating and Financial Disputes

Section 35(3) notices frequently arise in disputes involving allegations of:

• cheating;
• breach of trust;
• business transactions;
• investment disputes;
• property transactions;
• loan disputes;
• partnership disagreements;
• online fraud;
• cyber transactions.

In such cases, one of the central legal questions may be whether the material discloses a criminal offence or whether the dispute substantially arises from contractual or civil obligations.

For example, in a cheating allegation, the existence of dishonest intention at the relevant stage may become important.

Bank records, agreements, invoices, communications and transaction chronology can therefore be highly relevant.

Section 35 Notice in Matrimonial Cases

Investigation notices can also arise in matrimonial FIRs.

Relevant material may include:

• marriage-related documents;
• communications between spouses;
• financial records;
• previous litigation;
• maintenance proceedings;
• domestic violence proceedings;
• complaints exchanged between parties;
• settlement discussions.

The existence of matrimonial litigation does not by itself prove or disprove criminal allegations. Each proceeding must be assessed independently.

Cyber Crime and Digital-Evidence Cases

Where the investigation concerns cybercrime or online financial fraud, noticees should take particular care to preserve electronic evidence.

Relevant material may include:

• bank transaction trails;
• UPI details;
• email headers;
• device records;
• account ownership details;
• IP-related material where lawfully available;
• screenshots;
• cryptocurrency transaction details;
• communications with banks and payment platforms.

Deleting accounts or resetting devices after receiving an investigation notice may create evidentiary complications.

Jurisdiction of Dwarka Courts and South-West Delhi

Criminal cases connected with police stations in South-West Delhi may ultimately be placed before courts at the Dwarka Courts Complex depending upon territorial jurisdiction, offence, police station and administrative assignment.

The correct court should always be verified from the:

• FIR;
• police station;
• offence;
• applicable jurisdiction; and
• court allocation.

Merely residing in Dwarka does not by itself determine which court will hear every criminal case.

How a Criminal Defence Advocate Can Assist at the Investigation Stage

Legal assistance at this stage may include:

• examining the police notice;
• reviewing FIR and allegations;
• explaining Section 35 BNSS;
• assessing arrest exposure;
• reviewing documents and electronic evidence;
• preparing a chronology;
• drafting an appropriate representation where required;
• advising on compliance with investigation;
• assessing anticipatory bail where justified;
• appearing before the competent court where proceedings require;
• advising on subsequent chargesheet, bail, discharge, trial, revision or quashing remedies.

The purpose of investigation-stage legal advice should be to help a person understand and exercise lawful rights while complying with legal obligations.

No lawyer can guarantee that an FIR will be cancelled, that arrest will never occur, or that a particular investigation will result in a specific outcome.

Practical Checklist Before Joining Investigation

Before going to the police station, verify:

1. Have I read the complete notice?
2. Do I know the FIR number and sections?
3. Have I obtained legal advice where necessary?
4. Have I prepared a truthful chronology?
5. Have I preserved relevant electronic evidence?
6. Do I know which documents have been requested?
7. Have I avoided contacting witnesses improperly?
8. Have I avoided deleting chats or transaction records?
9. Do I understand my arrest exposure?
10. Do I have a record showing my compliance with the notice?

Proper preparation is generally more useful than panic or avoidance.

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Frequently Asked Questions

Is Section 35(3) BNSS the same as old Section 41A CrPC?

Section 35 BNSS now substantially incorporates the framework that was earlier associated with Sections 41 and 41A CrPC. A present-day notice to appear during investigation is ordinarily issued under Section 35(3) BNSS.

Does receiving the notice mean I am guilty?

No. A police notice is part of an investigation. Guilt or innocence is not determined merely because a notice has been issued.

Does the notice mean police cannot arrest me?

Not absolutely. Continued compliance provides substantial statutory protection, but arrest may still occur if the legal requirements are satisfied and reasons are recorded.

Can police arrest me only because they want to question me?

The Supreme Court in Satender Kumar Antil v. CBI, 2026 INSC 115 emphasised that arrest should be based upon objective necessity and should not be treated merely as a convenient method of questioning.

What happens if I comply with the notice?

Section 35(5) provides that a person who complies and continues to comply should not be arrested in respect of the offence referred to in the notice unless reasons are recorded for concluding that arrest is necessary.

What happens if I miss one notice?

Non-compliance should not be treated casually. At the same time, the Supreme Court has clarified that failure to comply does not automatically mandate arrest. The circumstances and necessity of arrest must still be considered.

Can I ask for another date?

Where there is a genuine reason for inability to appear, the Investigating Officer may be approached promptly with a request for another date. The reason and communication should preferably be properly documented.

Can an advocate accompany me?

Legal assistance can be taken before joining investigation and an advocate may accompany the person where legally and practically permissible. However, an advocate does not automatically have a right to remain present throughout police questioning.

Should I immediately file anticipatory bail?

Not in every case. The appropriate remedy depends upon the offences, investigation history, actual apprehension of arrest and surrounding facts.

Can I file a complaint against the complainant?

Only if independent facts disclose an offence or other lawful basis for proceedings. A counter-complaint should not be filed merely as retaliation.

Can police ask for my phone or documents?

Investigating agencies have statutory powers relating to evidence and investigation, but the precise legal position depends upon what is demanded and under which provision. Obtain legal advice where sensitive documents or electronic devices are involved.

Conclusion

A Police Notice under Section 35(3) BNSS should be taken seriously, but receipt of the notice should not automatically be equated with arrest or guilt.

The present legal framework encourages investigation through cooperation where immediate arrest is not necessary.

The most important practical steps are to:

• read the notice carefully;
• understand the FIR and allegations;
• preserve documents and electronic evidence;
• comply with lawful investigation requirements;
• maintain a record of compliance;
• obtain case-specific legal advice where arrest, bail or evidentiary issues arise.

The Supreme Court’s decision in Satender Kumar Antil v. CBI, 2026 INSC 115 reinforces an important principle: for offences punishable up to seven years, notice is ordinarily the rule and arrest the exception, subject always to the statutory requirements and facts of the particular investigation.

Legal Assistance in Dwarka Court

Advocate Ankit Gaurav Kainth
Civil & Criminal Litigation
Chamber No. 728, Dwarka Court Complex, Sector 10, New Delhi

Professional assistance may be sought for:

• police investigation matters;
• Section 35(3) BNSS notices;
• anticipatory bail;
• regular bail;
• FIR-related proceedings;
• cybercrime cases;
• cheating and fraud allegations;
• criminal trials;
• revisions and appeals;
• FIR quashing proceedings where legally maintainable.

Every criminal case depends upon its own allegations, documents, evidence and applicable statutory provisions. No outcome should be assumed merely from receipt of a police notice.

Disclaimer: This article provides general legal information and does not constitute legal advice for any particular matter. Criminal investigations are fact-specific. Readers should obtain advice based upon the FIR, notice, allegations and current law applicable to their individual case.

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