CrPC 41A→BNSS 35(3)

CrPC 41A to BNSS 35(3): Notice of appearance before police officer

Section 41A CrPC (1973) replaced by Section 35(3) BNSS (2023)

View CrPC Section 41A →View BNSS Section 35(3) →

CrPC 41A to BNSS 35(3) at a Glance

Section 41A CrPC (Notice of appearance before police officer) is now Section 35(3) BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 41A to BNSS 35(3)?

From 1 July 2024, Section 41A of the Code of Criminal Procedure, 1973 was merged into Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as Section 35(3) BNSS to Section 35(6) BNSS. Every change to Section 41A CrPC is a change of form. In Section 35(3) BNSS, which replaced Section 41A(1) CrPC, the cross-reference to Section 41(1) CrPC became a reference to Section 35(1) BNSS within the same section. Section 41A(2) CrPC, Section 41A(3) CrPC, and Section 41A(4) CrPC became Section 35(4) BNSS, Section 35(5) BNSS, and Section 35(6) BNSS with identical words, leaving the rules unchanged.

CrPC 41A vs BNSS 35(3): Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section41A35(3)
HeadingNotice of appearance before police officerWhen police may arrest without warrant

CrPC 41A and BNSS 35(3): Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 41A, CrPC 1973

41A. Notice of appearance before police officer.—(1) The police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice. (2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. (3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. (4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.
BNSS 2023 (in force)

Section 35(3), BNSS 2023

(3) The police officer shall, in all cases where the arrest of a person is not required under sub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

When It Applies: CrPC 41A vs BNSS 35(3)

Under CrPC 41A
  1. A police officer under Section 41A(1) of the Code of Criminal Procedure, 1973 shall issue an appearance notice in every case where arresting the person is not required under Section 41(1) CrPC.
  2. The notice is directed to a person against whom a reasonable complaint has been made, credible information has been received, or a reasonable suspicion exists of having committed a cognizable offence, requiring appearance before the officer or at another specified place.
  3. A person who receives a notice under Section 41A(2) CrPC shall follow and fulfill the terms set out in that notice.
  4. So long as the recipient complies and continues to comply with the notice, the police shall not arrest him for that offence unless the officer records reasons for the opinion that he ought to be arrested under Section 41A(3) CrPC.
  5. If the recipient at any time fails to comply with the notice terms or is unwilling to identify himself, the police officer may arrest him for the offence in the notice under Section 41A(4) CrPC, subject to any orders passed by a competent Court.
Under BNSS 35(3)

See Section 35 BNSS →

What CrPC 41A to BNSS 35(3) Means in Practice

Because the move from Section 41A of the Code of Criminal Procedure, 1973 to Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is a change of form, the rules on appearance notices are unchanged from 1 July 2024. Under Section 35(3) BNSS, a police officer shall issue a notice in all cases where arrest is not required under Section 35(1) BNSS. Under Section 35(4) BNSS and Section 35(5) BNSS, a complying recipient shall not be arrested without recorded reasons.

FAQs: CrPC 41A to BNSS 35(3)

How did Section 41A CrPC map into the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 41A of the Code of Criminal Procedure, 1973 was merged into Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Specifically, Section 41A(1) CrPC became Section 35(3) BNSS, Section 41A(2) CrPC became Section 35(4) BNSS, Section 41A(3) CrPC became Section 35(5) BNSS, and Section 41A(4) CrPC became Section 35(6) BNSS. This reorganization placed the notice of appearance provisions into the same section that governs when police may arrest without warrant, which is a change of form.

Did the conditions for issuing a notice of appearance change between Section 41A(1) CrPC and Section 35(3) BNSS?▼

No, the legal rule is unchanged. Both Section 41A(1) of the Code of Criminal Procedure, 1973 and Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 require the police officer to issue a notice in all cases where arrest is not required and a reasonable complaint has been made, credible information has been received, or a reasonable suspicion exists that the person committed a cognizable offence. Only the cross-reference changed in form from Section 41(1) CrPC to Section 35(1) BNSS.

Did the rules on compliance and arrest after a notice change in Section 35(4) BNSS to Section 35(6) BNSS?▼

No, the rules are unchanged apart from renumbering. Section 35(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the exact words of Section 41A(2) of the Code of Criminal Procedure, 1973 on the duty to comply with the notice. Section 35(5) BNSS keeps the rule of Section 41A(3) CrPC that a complying person shall not be arrested unless the officer records reasons. Section 35(6) BNSS keeps Section 41A(4) CrPC on arrest for non-compliance or unwillingness to identify oneself, subject to competent Court orders.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·