General legal information notice: This article explains the law in general terms. It is not legal advice for a particular notice, FIR or investigation. The alleged offences, the wording and service of the notice, prior conduct and the current stage of the case can materially change the legal position.
A notice to appear from the police can be alarming, especially when it refers to a criminal case. A notice under section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is not a court summons and is not, by itself, an arrest order or a finding of guilt. It is a statutory direction to appear in an investigation where the police have not considered arrest necessary under section 35(1) at that stage.
Prompt preparation matters. A criminal defence lawyer in Kolkata can review the notice, the sections mentioned, the method of service and the practical risk before the appearance date.
What is a section 35(3) BNSS notice?
The BNSS has governed criminal procedure from 1 July 2024. Section 35 deals with arrest without warrant and the alternative of requiring appearance. Under section 35(3), when arrest is not required under section 35(1), the police officer must issue a notice directing a person—against whom a reasonable complaint, credible information or reasonable suspicion of a cognizable offence exists—to appear before the officer or at another place stated in the notice.
The legal consequences are important:
- Compliance is a duty: section 35(4) requires the recipient to comply with the terms of the notice.
- Compliance provides a safeguard: under section 35(5), a person who complies and continues to comply should not be arrested for the offence referred to in the notice unless the officer records reasons for considering arrest necessary.
- Non-compliance creates risk: section 35(6) permits arrest for the offence mentioned in the notice if the person fails to comply or is unwilling to identify himself, subject to any order of a competent court.
- There is a special safeguard for some vulnerable persons: section 35(7) requires prior permission from an officer not below the rank of Deputy Superintendent of Police before arresting an infirm person or a person above sixty for an offence punishable with imprisonment of less than three years.
These provisions are safeguards, not blanket immunity. Whether arrest can lawfully follow depends on the alleged offence, the facts, compliance and recorded reasons.
What details should the notice contain?
Form No. 1 in the Second Schedule to the BNSS is the prescribed “Notice for Appearance by the Police” under section 35(3). A notice should be checked for:
- a serial number and the police station;
- the noticee’s name and last known address;
- the FIR or case number and date;
- the legal sections invoked;
- the place, date and time for appearance; and
- the name, designation and seal of the officer in charge.
A missing or unclear detail should be raised promptly and in writing. It does not justify silently ignoring the notice. Preserve the original, note when and how it was delivered, and independently verify the police station and officer through an official contact channel if authenticity is uncertain.
Can a section 35 notice be served only by WhatsApp or email?
On 16 July 2025, the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation and Another reaffirmed that a section 35 BNSS notice cannot be served through WhatsApp or another electronic mode as an alternative or substitute for the mode of service prescribed by law. The Court distinguished an investigating agency’s section 35 notice from court summonses for which the BNSS expressly permits electronic service in specified circumstances.
If a message or scanned notice arrives electronically, do not delete it or assume that it can safely be disregarded. Preserve the communication, verify the case and officer, seek a formally served copy where appropriate, and obtain case-specific advice before deciding how to respond.
A practical 24-hour checklist after receiving the notice
- Preserve everything. Keep the notice, envelope or delivery details, messages, call logs and any acknowledgement. Do not edit, delete or forward material in a way that loses metadata.
- Read every field. Record the FIR or case number, police station, sections, appearance date, officer’s name and location.
- Verify independently. Use an official police contact source, not only a telephone number printed in an unexpected message.
- Identify the case connection. Prepare a short private chronology of events, people, transactions and communications that may explain why your name has appeared.
- Review the alleged sections. Arrest exposure, bail strategy and the documents required depend heavily on the offences stated in the notice and the available facts.
- Protect records. Preserve phones, emails, financial records, CCTV, location material, contracts and other potentially relevant evidence. Do not contact witnesses or the complainant in a manner that could be treated as pressure or interference.
- Address timing problems early. If illness, travel or another genuine obstacle makes the stated date impossible, send a documented request for reasonable rescheduling as early as possible. A request is not permission to stay absent unless the officer accepts it.
- Plan the appearance. Carry identification, the notice, essential medication, an organised document set and your lawyer’s contact details. Keep a trusted person informed of the place and time.
What to expect when you appear
The purpose is generally to join the investigation and answer questions connected with the case. The safest preparation is factual and document-led:
- answer truthfully and avoid guessing;
- distinguish what you personally know from what someone else told you;
- ask for clarification if a question or document request is unclear;
- do not sign a document you have not read or understood;
- keep a note of the time of arrival and departure; and
- request an acknowledgement of attendance where practicable.
A section 35 notice does not itself authorise every separate demand for records or devices. Section 94 BNSS provides a written-order process for requiring production of documents, electronic communications, communication devices or other things considered necessary or desirable for an investigation. If production is demanded, obtain advice on the exact order, scope, preservation and chain-of-custody implications. Do not obstruct a lawful process.
If the situation changes from appearance to arrest, separate safeguards become relevant. Section 38 BNSS states that an arrested person is entitled to meet an advocate of choice during interrogation, though not throughout the interrogation.
Does receiving the notice mean anticipatory bail is required?
Not automatically. A section 35(3) notice ordinarily indicates that arrest was not considered necessary when the notice was issued. However, arrest risk may change if the person fails to comply, new facts emerge, the alleged conduct is serious, evidence is at risk, or the investigating officer records reasons for arrest.
The need for anticipatory bail should therefore be assessed from the FIR, the offences, the notice history, the person’s cooperation and the current investigation record—not from the notice heading alone. A last-minute application may also leave too little time to collect the documents and chronology needed for an accurate presentation.
Documents to organise for legal review
- the complete notice and proof of how it was served;
- the FIR or case details, if available;
- all messages, emails or calls from the police station or officer;
- any earlier complaint, notice, statement or acknowledgement;
- a date-wise chronology of relevant events;
- identity and address documents;
- relevant contracts, bank records, device records, photographs or CCTV details; and
- medical or travel proof if rescheduling is necessary.
Common mistakes that increase risk
- ignoring the notice or waiting until after the appearance date;
- assuming compliance guarantees that arrest can never occur;
- giving an improvised explanation without checking the record;
- deleting messages, resetting devices or altering documents;
- contacting the complainant or witnesses aggressively;
- treating an electronic message as either automatically valid or automatically meaningless; and
- appearing without understanding the FIR number, legal sections or documents requested.
Related KLS criminal-law guides
- What to do after an FIR in Kolkata under the BNSS
- Anticipatory bail in Kolkata: what to prepare before arrest
- Regular bail in Kolkata: documents to prepare after arrest
Official primary sources
- Bharatiya Nagarik Suraksha Sanhita, 2023 — see section 35, section 38, section 94 and Second Schedule Form No. 1.
- Supreme Court order dated 16 July 2025 in Satender Kumar Antil v. CBI and Another — section 35 compliance safeguards and service of notice.
Key takeaway
A section 35 BNSS notice should be treated as a serious investigation document, but not confused with a conviction, court summons or automatic arrest. Verify it, preserve it, comply carefully, organise the facts and obtain specific advice early enough to protect both cooperation and liberty.
General-information notice: This page is educational only and does not create a lawyer-client relationship. Do not delay a statutory date or court remedy on the basis of general online information. A lawyer must review the actual notice, FIR, offences and current facts before advising on attendance, bail or any challenge.
