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What should a person do after receiving a police notice under Section 35 BNSS?

16-Jun-2026
Criminal

Answer By law4u team

When a person receives a notice under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, it generally means the police are asking them to appear for inquiry or investigation instead of immediate arrest. What you should do: Read the notice carefully Check date, time, police station, and reason for appearance. Do not ignore the notice Non-compliance can lead to stronger police action, including arrest in some cases. Appear before the investigating officer Go on the given date or request a reasonable extension if genuinely needed. Take a lawyer with you You have the right to legal assistance during questioning. Carry relevant documents Identity proof Any evidence supporting your version Messages, receipts, or records related to the case Give only factual answers Do not guess or give false statements. You have the right against self-incrimination under Article 20(3) of the Constitution of India. Ask for a copy of your statement Ensure your statement is correctly recorded. Important legal points: Section 35 BNSS allows police to issue notice instead of arrest in many cases. It is usually used when: Offence is not very serious Arrest is not immediately necessary Accused is cooperating When to be careful: If allegations are serious, consult a criminal lawyer before responding. Do not sign blank papers or documents without reading. If you fail to comply: Police may consider it non-cooperation. It can be used as a ground for arrest in certain situations.

Answer By Anik

Dear Client, Receiving a notice under section 35 of Bhartiya Nagarik Suraksha Sahita, 2023 which corresponds to the power of a police officer to require the attendance of a person acquainted with the facts and circumstances of the case is a formal legal mandate that requires a measured and compliant response. The first and the most important step is to read the notice carefully to identify the specific case details the FIR or diary number and the designated time and place for your appearance. It is important to not ignore the notice failure to comply without a legal justifiable reason can empower the police officer to issue a warrant of arrest under section 35(2) to secure your presence. Once you have received the notice you should immediately consult with a legal professional to understand the nature of the investigation with regard to such notice before attending the police station your lawyer can help you determine whether the notice is issued to you as a witness a person of interest or as an accused If you are appearing as a witness you are generally required to provide truthful information within your knowledge If you have any apprehension that the investigation might lead to self-incrimination or if you believe you are being targeted as a suspect your lawyer can draft a written reply to the police seeking clarification requesting a change of venue or time or in some cases filing of anticipatory bail if there is genuine risk of arrest. When you appeared before an officer you have to be accompanied by an advocate during the investigation or at the very least inform your lawyer to be at the location at the proceedings. Ensure that any statement you provide is recorded accurately, read the statement thoroughly before signing it and do not sign any document that you do not fully understand or with which you do not agree. If you feel the questioning is becoming coercive or biased you may provide your responses in writing through your counsel or ensure a permanent and accurate record of your testimony is preserved for future legal proceedings. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou

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