Saya & Associates
Received a section 35 BNSS notice? The first steps
What a section 35 notice is
Section 35(3) requires the police, where arrest is not needed under section 35(1), to issue a notice to a person against whom there is a reasonable complaint, credible information or a reasonable suspicion of a cognizable offence.
The notice directs that person to appear before the officer or at another stated place. It replaced the notice under section 41A of the Code of Criminal Procedure, 1973.
The BNSS prescribes a form for it: Form No. 1 in the Second Schedule, "Notice for appearance by the police". It names the police station, the FIR or case number, the provisions, and the time and place to appear.
Why the first reactions go wrong
The notice arrives late, the recipient does not recognise the case number, and a relative suggests calling the officer to "sort it out" or staying away until more is known.
Both reactions can create avoidable difficulty. The better first step is to identify exactly what document has been served and when it requires you to appear.
Check the document before responding
Read the notice line by line. Record the police station and officer, the FIR or case number, the provisions cited, the place and time of appearance, and any instructions about identification or documents.
If it came from an unfamiliar number or link, verify it through the police station's independently obtained contact details. Do not upload identity papers or make a payment because an unsolicited message demands it.
Equally, do not assume an imperfect format makes a real notice safe to ignore. A lawyer can assess any defect and advise how to raise it without missing the date.
Not every police communication is a section 35(3) notice. An order to a witness, an order to produce documents, a court summons and an arrest warrant carry different consequences:
| Document | Provision | What it requires |
|---|---|---|
| Notice of appearance | BNSS section 35(3) | The person suspected of a cognizable offence appears before the police officer |
| Order to attend as a witness | BNSS section 179 | A person who appears to know the facts attends before the investigating officer |
| Order to produce | BNSS section 94 | A document, electronic communication or device is produced |
| Court summons to an accused | BNSS section 63 | The accused appears before the court |
What compliance changes
The four sub-sections that follow the notice set out the position:
| Sub-section | What it provides |
|---|---|
| Section 35(4) | The person served has a duty to comply with the terms of the notice |
| Section 35(5) | If the person complies and continues to comply, they are not to be arrested for the offence in the notice, unless the officer records reasons for the opinion that they ought to be |
| Section 35(6) | If the person fails to comply or is unwilling to identify themselves, the officer may arrest them for that offence, subject to any order of a competent court |
| Section 35(7) | For an offence punishable with less than three years, no arrest without prior permission of an officer not below Deputy Superintendent of Police, where the person is infirm or over sixty |
Two qualifications matter. Compliance is important but it is not immunity. And these provisions must be read against the actual allegations and the notice served.
It would be misleading to tell every recipient either "you cannot be arrested" or "arrest is inevitable".
If the time or place is genuinely impossible, do not simply stay away. Take advice promptly on a documented request for clarification or rescheduling, and keep copies of the notice, any response and proof of delivery.
Prepare a factual file, not a rehearsed story
Before the appointment, assemble a chronology of relevant events. Preserve the original messages, emails, contracts and payment records that may matter, and note where each came from.
Do not delete, edit or casually forward evidence. Do not coordinate accounts with other people involved in the matter.
Discuss the notice and the proposed response with counsel, especially where the allegations concern a business transaction, several employees or company records.
Decide what documents to bring, what should be produced only through a proper process, and how the appearance will be recorded. A section 35 notice does not require you to guess the case and volunteer every document you hold.
The first steps
- Read the notice closely. Record the station, officer, FIR or case number, provisions, and the time and place of appearance.
- Verify where it came from. Confirm it through the police station's independently obtained contact details, not the number that sent it.
- Diarise the date. Treat the appearance as a fixed deadline, and seek a documented rescheduling at once if it cannot be met.
- Preserve the record. Keep original messages, documents and payment records, and note where each came from.
- Build a chronology. Set out the relevant events with the documents that support them.
- Take advice before attending. Agree with counsel what to bring, what to produce only on request and how the appearance will be recorded.
Frequently asked questions
Is a section 35 BNSS notice an arrest warrant?
No. Section 35(3) applies where arrest is not required under section 35(1). The position can change under section 35, for example if the notice is not complied with, so it should be taken seriously.
Can the police arrest me if I comply with the notice?
Section 35(5) says a person who complies and continues to comply is not to be arrested for the offence in the notice unless the officer records reasons for the opinion that arrest is needed.
Compliance protects the position but is not a guarantee.
What happens if I do not appear?
Under section 35(6), failing to comply or refusing to identify yourself allows the officer to arrest you for the offence in the notice, subject to any order of a competent court.
What if I cannot attend on the date given?
Take advice immediately on a written request to the issuing officer. Keep a record of the reason, the request and any response. Silence is not a safe substitute for compliance.
Is a section 35 notice the same as the old 41A notice?
It serves the same purpose. Section 35(3) of the BNSS replaced section 41A of the Code of Criminal Procedure, 1973, and the BNSS prescribes Form No. 1 in the Second Schedule for it.
The takeaway
Treat the notice as a dated legal document: verify it, preserve it, prepare an accurate record and meet the appearance requirement.
That protects your position better than an improvised explanation or silence.
If the police have also asked for records, see our guide to section 94 BNSS orders. For an urgent notice, contact Saya & Associates with the notice date, the police station and the appearance date.
This article provides general information as at 29 September 2026. The appropriate response depends on the notice, the allegations, the procedural stage and any applicable court order. It is not legal advice.