Section 35 BNSS: When police may arrest without warrant
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 35 BNSS at a Glance
Section 35 BNSS deals with when police may arrest without warrant. It replaced Sections 41 and 41A CrPC on 1 July 2024. Popularly called arrest without warrant. Section 35(7) BNSS adds that no arrest shall be made without prior permission of an officer not below Deputy Superintendent of Police where the offence is punishable with less than three years and the person is infirm or above sixty years of age.
Section 35 BNSS Bare Act Text
(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person—
(a) who commits, in the presence of a police officer, a cognizable offence; or
(b) 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 punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:—
(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;
(ii) the police officer is satisfied that such arrest is necessary—
(a) to prevent such person from committing any further offence; or
(b) for proper investigation of the offence; or
(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or
(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or
(e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing:
Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest; or
(c) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence; or
(d) who has been proclaimed as an offender either under this Sanhita or by order of the State Government; or
(e) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or
(f) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or
(g) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or
(h) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or
(i) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 394; or
(j) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.
(2) Subject to the provisions of section 39, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.
(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.
(4) 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.
(5) 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.
(6) 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.
(7) No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and such person is infirm or is above sixty years of age.
Source: Section 35, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 35 BNSS in Simple Words
Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lists when a police officer may arrest a person without an order from a Magistrate and without a warrant. It also sets out the notice of appearance that applies where arrest is not required. Under Section 35(1)(a) BNSS, the officer may arrest a person who commits a cognizable offence in the presence of a police officer. Under Section 35(1)(b) BNSS, the officer may arrest 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. For this clause, the offence must be punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, whether with or without fine. The arrest is allowed only if the following conditions are satisfied. First, the officer has reason to believe, on the basis of the complaint, information or suspicion, that the person has committed the offence. Second, the officer is satisfied that the arrest is necessary for any of the following purposes. One purpose is to prevent the person from committing any further offence. Another is proper investigation of the offence. Another is to prevent the person from causing the evidence of the offence to disappear or tampering with the evidence in any manner. Another is to prevent the person from making any inducement, threat or promise to anyone acquainted with the facts of the case. That applies when it is made so as to dissuade the one acquainted with the facts from disclosing those facts to the Court or to the police officer. The last purpose is that, unless the person is arrested, the presence of the person in Court whenever required cannot be ensured. The officer shall record the reasons in writing while making such an arrest.
The proviso says that in all cases where the arrest of a person is not required under Section 35(1) BNSS, the officer shall record the reasons in writing for not making the arrest. Under Section 35(1)(c) BNSS, the officer may arrest a person against whom credible information has been received of having committed a cognizable offence. That offence must be punishable with imprisonment for a term which may extend to more than seven years, whether with or without fine, or with death sentence. The officer must also have reason to believe, on the basis of that information, that the person has committed the offence. Under Section 35(1)(d) BNSS, the officer may arrest a person who has been proclaimed as an offender either under the Sanhita or by order of the State Government. Under Section 35(1)(e) BNSS, the officer may arrest a person in whose possession anything is found which may reasonably be suspected to be stolen property. That person must also be reasonably suspected of having committed an offence with reference to that thing. Under Section 35(1)(f) BNSS, the officer may arrest a person who obstructs a police officer while in the execution of duty, or who has escaped, or attempts to escape, from lawful custody. Under Section 35(1)(g) BNSS, the officer may arrest a person who is reasonably suspected of being a deserter from any of the Armed Forces of the Union. Under Section 35(1)(h) BNSS, the officer may arrest a person who has been concerned in an act committed at any place out of India. The same applies where a reasonable complaint has been made, credible information has been received, or a reasonable suspicion exists of such concern. The act must be one which, if committed in India, would have been punishable as an offence. The person must also be liable, under any law relating to extradition or otherwise, to be apprehended or detained in custody in India. Under Section 35(1)(i) BNSS, the officer may arrest a released convict who commits a breach of any rule made under section 394(5) of the Sanhita. Under Section 35(1)(j) BNSS, the officer may arrest a person for whose arrest any requisition, whether written or oral, has been received from another police officer.
The proviso to this clause is that the requisition must specify the person to be arrested and the offence or other cause for which the arrest is to be made. It must also appear from the requisition that the person might lawfully be arrested without a warrant by the officer who issued the requisition. Under Section 35(2) BNSS, and subject to Section 39 BNSS, no person concerned in a non-cognizable offence shall be arrested except under a warrant or order of a Magistrate. The same applies to a person against whom a complaint has been made or credible information has been received or reasonable suspicion exists of being so concerned. Under Section 35(3) BNSS, a notice shall be issued by the police officer in every case where arrest is not required under Section 35(1) BNSS. The notice goes to a person against whom there is a reasonable complaint, credible information, or a reasonable suspicion that the person has committed a cognizable offence. It directs that person to appear before the officer, or at any other place the notice specifies. Under Section 35(4) BNSS, where a notice is issued to a person, that person has the duty to comply with the terms of the notice. Under Section 35(5) BNSS, the person who complies and continues to comply shall not be arrested for the offence referred to in the notice. The exception is where the police officer is of the opinion, for reasons to be recorded, that the person ought to be arrested. Under Section 35(6) BNSS, the police officer may arrest the person for the offence mentioned in the notice. This applies where the person at any time fails to comply with the terms of the notice, or is unwilling to identify themselves. The arrest is subject to any orders a competent Court has passed in this behalf. Under Section 35(7) BNSS, no arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police. This applies in case of an offence which is punishable for imprisonment of less than three years where the person is infirm or is above sixty years of age.
When Section 35 BNSS Applies
- Under Sections 35(1)(a) and 35(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer may arrest without an order from a Magistrate and without a warrant a person who commits a cognizable offence in the presence of a police officer, or against whom a reasonable complaint has been made, credible information has been received, or a reasonable suspicion exists of committing a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, whether with or without fine, in the second case only if the officer has reason to believe the person committed the offence, is satisfied arrest is necessary for a purpose listed in Section 35(1)(b)(ii) BNSS, and records reasons in writing while making the arrest.
- Under the proviso to Section 35(1)(b) BNSS, which limits the power of arrest, a police officer shall record the reasons in writing for not making the arrest in all cases where the arrest of a person is not required under Section 35(1) BNSS.
- Under Sections 35(1)(c) to 35(1)(j) BNSS, a police officer may arrest without a warrant a person against whom credible information has been received and whom the officer has reason to believe committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years or with death sentence, as well as a proclaimed offender under the Sanhita or State Government order, a person found in possession of suspected stolen property and reasonably suspected of an offence with reference to it, a person obstructing a police officer in duty or escaping or attempting to escape from lawful custody, a reasonably suspected deserter from the Armed Forces of the Union, a person concerned in an act committed outside India that would have been punishable as an offence if committed in India, and for which he is liable to be apprehended or detained in custody in India under extradition law or otherwise, a released convict breaching a rule under Section 394(5) BNSS, or a person for whose arrest another police officer has sent a written or oral requisition that meets the conditions in Section 35(1)(j) BNSS.
- Under Sections 35(3) and 35(4) BNSS, in all cases where the arrest of a person is not required under Section 35(1) BNSS, the police officer shall issue a notice directing the person against whom a reasonable complaint has been made, credible information has been received, or a reasonable suspicion exists of committing a cognizable offence to appear before the officer or at another place specified in the notice, and it shall be the duty of that person to comply with the terms of the notice.
- Under Sections 35(5) and 35(6) BNSS, a person who complies and continues to comply with the notice shall not be arrested for the offence unless the police officer records reasons that the person ought to be arrested, whereas if the person at any time fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may arrest the person for the offence mentioned in the notice, subject to such orders as may have been passed by a competent Court.
- Under Section 35(7) BNSS, where an offence is punishable for imprisonment of less than three years and the person is infirm or is above sixty years of age, no arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police.
Example of Section 35 BNSS
When Section 35 BNSS Does Not Apply
- Under Section 35(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to Section 39 BNSS, no person concerned in a non-cognizable offence, or against whom a complaint has been made, credible information has been received, or reasonable suspicion exists of being so concerned, shall be arrested except under a warrant or an order of a Magistrate.
- Under Section 35(5) BNSS, where a person to whom a notice of appearance is issued under Section 35(3) BNSS complies and continues to comply with the notice, that person 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 the person ought to be arrested.
- Under Section 35(7) BNSS, no arrest shall be made in case of an offence punishable for imprisonment of less than three years where the person is infirm or is above sixty years of age, without prior permission of an officer not below the rank of Deputy Superintendent of Police.
- Warrantless arrest under Section 35(1)(b) BNSS does not apply to a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years where the police officer lacks reason to believe the person committed the offence or is not satisfied that arrest is necessary on any ground in Section 35(1)(b)(ii) BNSS.
Section 35 BNSS in the CrPC (Previous Law)
Section 35 BNSS replaced Sections 41 and 41A CrPC from 1 July 2024.
Sections 41(1) and 41(2) of the Code of Criminal Procedure, 1973 become Sections 35(1) and 35(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the arrest rules unchanged. Re-lettering Sections 41(1)(ba) to 41(1)(i) CrPC as Sections 35(1)(c) to 35(1)(j) BNSS, changing Code to Sanhita, and updating cross-references to Sections 394(5) and 39 BNSS are changes of form. Sections 35(3), 35(4), 35(5), and 35(6) BNSS come from Sections 41A(1), 41A(2), 41A(3), and 41A(4) CrPC. Section 35(7) BNSS is new, requiring prior permission before arresting a person who is infirm or above sixty years of age for offences punishable for imprisonment of less than three years.
Each sub-section below names its own source.
FAQs on Section 35 BNSS
When must a police officer issue a notice of appearance under Section 35 BNSS?▼
Under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in all cases where the arrest of a person is not required under Section 35(1) BNSS, the police officer shall issue a notice of appearance. This applies where a reasonable complaint has been made, credible information has been received, or a reasonable suspicion exists that the person committed a cognizable offence, directing appearance before the officer or at another place specified in the notice.
Can a person who receives a notice of appearance under Section 35(3) BNSS still be arrested?▼
Under Section 35(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a person who complies and continues to comply with a notice issued under Section 35(3) BNSS shall not be arrested in respect of the offence unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. Under Section 35(6) BNSS, if the person at any time fails to comply or is unwilling to identify himself, the officer may arrest him subject to orders of a competent Court.
What restriction does Section 35(7) BNSS place on arresting a person who is infirm or above sixty years of age?▼
Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years where such person is infirm or is above sixty years of age. Without that prior permission, the arrest cannot be made.
How does Section 35(1) BNSS distinguish between cognizable offences punishable up to seven years and those punishable with more than seven years?▼
Under Section 35(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for cognizable offences punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, the officer must have reason to believe, be satisfied that arrest is necessary under Section 35(1)(b)(ii) BNSS, and record written reasons. Under Section 35(1)(c) BNSS, for cognizable offences punishable with imprisonment which may extend to more than seven years or with death sentence, arrest requires credible information and reason to believe.
What changed in Section 35 BNSS from 1 July 2024 compared to the earlier law?▼
From 1 July 2024, Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 consolidates warrantless arrest and notice of appearance rules from the Code of Criminal Procedure, 1973. Sections 35(1) to 35(6) BNSS retain the arrest conditions and notice rules. Section 35(7) BNSS adds a new rule requiring prior permission of an officer not below the rank of Deputy Superintendent of Police before arresting an infirm person or someone above sixty years of age for an offence punishable for imprisonment of less than three years.
Section 35 BNSS: Sub-sections Explained
Section 35(1) BNSS: When police may arrest without warrant
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Bare Act Text
(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person—
(a) who commits, in the presence of a police officer, a cognizable offence; or
(b) 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 punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:—
(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;
(ii) the police officer is satisfied that such arrest is necessary—
(a) to prevent such person from committing any further offence; or
(b) for proper investigation of the offence; or
(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or
(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or
(e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing:
Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest; or
(c) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence; or
(d) who has been proclaimed as an offender either under this Sanhita or by order of the State Government; or
(e) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or
(f) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or
(g) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or
(h) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or
(i) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 394; or
(j) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.
Section 35(2) BNSS: When police may arrest without warrant
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Bare Act Text
(2) Subject to the provisions of section 39, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.
Section 35(3) BNSS: Notice of appearance before police officer
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Bare Act Text
(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.
Previous Law
CrPC 41A → Section 35(3) BNSS
From 1 July 2024, Section 41A of the Code of Criminal Procedure, 1973 was merged into Section 35(3) 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.
Section 35(4) BNSS: Notice of appearance before police officer
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Bare Act Text
(4) 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.
Section 35(5) BNSS: Notice of appearance before police officer
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Bare Act Text
(5) 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.
Section 35(6) BNSS: Notice of appearance before police officer
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Bare Act Text
(6) 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.
Section 35(7) BNSS: When police may arrest without warrant
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Bare Act Text
(7) No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and such person is infirm or is above sixty years of age.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·