Police notice to appear and your rights on arrest under the BNSS

Many criminal complaints that grow out of family, property, money and workplace disputes involve offences punishable with up to seven years. For these, the Bharatiya Nagarik Suraksha Sanhita, 2023 makes a notice to appear, rather than arrest, the normal course. Here is what that means, and the rights you have if you are arrested.

When the police can arrest without a warrant

For an offence punishable with imprisonment of up to seven years, Section 35(1)(b) allows arrest without a warrant only if the officer has reason to believe the person committed the offence and is satisfied that arrest is necessary, for example:

• to prevent the person from committing a further offence
• for proper investigation
• to prevent evidence from disappearing or being tampered with
• to prevent threats or inducements to witnesses
• to make sure the person attends court when required

The officer must record reasons in writing for making the arrest, and also for not making it. These safeguards build on Arnesh Kumar v. State of Bihar (2014). In Satender Kumar Antil v. CBI, decided on 15 January 2026, the Supreme Court held that for these offences a notice to appear is the rule and arrest the exception, and that arrest remains a discretion, not a duty, even where the conditions are met.

The notice to appear under Section 35(3)

Where arrest is not required, the police must issue a notice directing the person to appear before them at a stated place and time.

• The person must comply with the notice.
• As long as they comply and continue to comply, they are not to be arrested for the offence in the notice, unless the officer, for reasons recorded, decides that arrest is necessary.
• If they fail to comply, or are unwilling to identify themselves, the officer may arrest them, subject to any order of a court (Section 35(6)).

In its January 2026 judgment, the Supreme Court said that arresting a person after issuing a notice should not be routine, and should be done only when it is truly warranted.

A notice cannot be served by WhatsApp

The Supreme Court has directed that these notices be served only in the ways the law recognises, and not through WhatsApp, email or other electronic means. In July 2025 it rejected a State’s request to allow electronic service, holding that personal liberty cannot be put at risk through informal modes of communication.

What to do if you receive a notice

• Read it carefully and note the police station, the date and time, and the case or complaint it refers to.
• Attend as directed. If you genuinely cannot, write to the officer promptly giving your reason and asking for another date, and keep proof that you sent it.
• Take copies of documents that support your side.
• Consult an advocate before you attend.
• Keep the notice and any acknowledgment you are given.

Older and infirm persons

Under Section 35(7), a person who is infirm or above sixty years of age cannot be arrested for an offence punishable with less than three years’ imprisonment without the prior permission of an officer not below the rank of Deputy Superintendent of Police.

Women

Except in exceptional circumstances, no woman is to be arrested after sunset and before sunrise. Where such an arrest is necessary, a woman police officer must first obtain the permission of the Judicial Magistrate by a written report (Section 43(5)).

Your rights if you are arrested

• To be told the grounds of arrest, and whether you are entitled to bail (Section 47)
• To an arrest memo, attested by a family member or a respectable local person and countersigned by you (Section 36)
• To have a relative or friend told of the arrest and where you are held (Section 48)
• To meet an advocate of your choice during interrogation, though not throughout it (Section 38)
• To be examined by a medical officer (Section 53)
• To be produced before a Magistrate within 24 hours (Section 58)

Each district and police station has a designated police officer who keeps the names and addresses of people arrested and the offences charged, and this information must be prominently displayed, including in digital form (Section 37).

If a family member is arrested in Coimbatore

• Find out the police station, the case number and the sections of law.
• Ask for a copy of the arrest memo, and note the time of arrest.
• Contact an advocate at once, so that a bail application is ready when the person is produced before the Magistrate.
• Keep identity and address proof ready for the person and for anyone who may stand surety.
• Tell the police and the Magistrate about any medical condition or medicines needed.

See bail after an arrest for the next steps.

Common questions