Police Notice to Appear (Section 35 BNSS): What It Means and What to Do

A call from a police station, or a notice delivered to your home, asking you to appear for an inquiry can send a person into a panic. It need not. The law provides for a notice of appearance as an alternative to arrest, and understanding it helps you respond correctly. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure, this is dealt with in Section 35, the counterpart of the earlier Section 41A.

What Is a Notice Under Section 35?

Where the police do not need to arrest a person, for example in a case with a maximum punishment of up to seven years, they can issue a written notice directing the person to appear before them at a stated time and place. The notice is meant to let the investigation proceed without taking the person into custody. It is a serious document, but it is not an arrest and it is not an accusation of guilt.

Why Do Courts Insist on Notices?

The Supreme Court has repeatedly cautioned against routine arrests. In Arnesh Kumar v. State of Bihar (2014), it directed that for offences punishable with up to seven years the police should not arrest automatically, but should record why arrest is necessary and otherwise issue a notice. In Satender Kumar Antil v. CBI (2022), the Court repeated that the notice route should be followed and arrest avoided where it is not necessary. These directions are why many accused persons are now called for questioning, not arrested.

What Happens If You Comply?

If you appear as required and cooperate, the BNSS says you should not be arrested in respect of the offence in the notice, unless the police officer records reasons why arrest is needed. That protection is why compliance matters. If you do not comply, or refuse to identify yourself, the police may arrest you.

How Is It Different From a Summons?

A summons is issued by a court, requiring a person to appear in court. A police notice is issued by the investigating officer, requiring a person to appear before the police. A third document, a notice to a witness to attend for questioning, is also issued by the police. A witness who is a woman, a boy under fifteen, an older person (the age limit is sixty under the BNSS), or a person with a disability cannot ordinarily be required to attend any place other than where they live. Check which kind of notice you have received, and what it says you are called as: an accused or a witness.

What Should You Do When You Receive a Notice?

A sensible approach:

• Read it carefully and note the date, time, police station and the officer's name
• Check whether it refers to an FIR, and obtain a copy of the FIR
• Contact an advocate promptly, before the date, and bring the notice
• Collect any documents relevant to the matter, and a note of the events as you remember them
• Attend on time with identity proof, and take your advocate's advice about how to respond
• Keep a copy of the notice and note down everything that takes place at the inquiry

Can You Take an Advocate Along?

You can consult an advocate before and after, and ask to have one present. Courts have said that an accused may meet an advocate during interrogation, though not throughout. The police may not allow the advocate to sit in the room, but you are entitled to consult them and to be treated lawfully.

What Can the Police Ask, and What Must You Answer?

You should answer questions about facts honestly and give your name, address and identity. You cannot be compelled to answer questions that would incriminate you, under Article 20(3) of the Constitution, and you can say so politely. A statement made to the police during investigation is recorded under the BNSS, and what you say in it can be used to confront you, though a confession to a police officer is not admissible as evidence against you. Read any statement before you sign, and correct any mistakes. Do not sign anything you do not understand.

What If You Cannot Attend?

If you cannot attend on the date, for a genuine reason such as illness or travel, write to the officer through your advocate, with proof, and ask for another date. Do not simply stay away, since non-compliance gives a reason to arrest.

What If You Fear Arrest Even After a Notice?

If you believe the police will arrest you anyway, or the offence is more serious, take advice about anticipatory bail, which our guide to anticipatory bail under Section 482 of the BNSS explains. For a fuller sequence of steps after an FIR, see our guide on what to do in the first 48 hours.

A notice is the point at which good advice makes the most difference. Our Criminal Law practice advises people called by the police, and you can request a consultation. This is general information and does not apply the law to your own case.