In short. Read the notice first. A notice under section 179 BNSS calls you as a person acquainted with the facts; one under section 35(3) treats you as an accused whose arrest is not presently required; one under section 94 asks for documents. Appear on the date or ask for another in writing, carry copies not originals, answer briefly and truthfully, and do not sign anything you have not read.
This post is about the notice and the questioning that follows. For the wider picture of CBI investigations, from preliminary enquiry to chargesheet and trial, see our page on CBI case defence. If the notice is from the Enforcement Directorate rather than the CBI, our post on ED summons under section 50 PMLA is the right starting point, because the rules on statements are different.
People who receive CBI notices are often bank officers, government employees, suppliers to public sector companies, chartered accountants, company directors, or simply relatives and colleagues of the person under investigation. Most of them are not the main target. The anxiety is understandable, because the CBI has a reputation and the notice is usually blunt. Knowing what kind of notice you have, and what will happen when you go, takes much of the fear out of it.
- Agency
- Central Bureau of Investigation, under the DSPE Act 1946
- Witness notice
- Section 179 BNSS (old section 160 CrPC)
- Accused notice
- Section 35(3) BNSS (old section 41A CrPC)
- Documents notice
- Section 94 BNSS (old section 91 CrPC)
- Mode of service
- Prescribed BNSS modes; not WhatsApp or email for section 35 notices
- Courts in Delhi
- Special CBI courts at the Rouse Avenue court complex
What kind of notice has CBI sent you?
The section quoted at the top of the notice tells you most of what you need to know. A notice under section 179 of the Bharatiya Nagarik Suraksha Sanhita 2023 (old section 160 CrPC) requires the attendance of a person who appears to be acquainted with the facts of the case. It is the usual notice to a witness, though people who later become accused also receive it. A notice under section 35(3) (old section 41A) is sent to a person against whom there is a reasonable complaint or information of a cognizable offence, where arrest is not presently considered necessary. It treats you as a suspect or accused.
A notice under section 94 (old section 91) asks you to produce documents or other things, and may or may not require you to attend. Notices issued during a preliminary enquiry, before any FIR is registered, often mention a 'PE' number and sometimes no section at all. They ask you to appear and assist, and sometimes to bring records. A notice issued in a registered case will carry an 'RC' number and the offences under investigation, such as sections of the Prevention of Corruption Act 1988 or the Bharatiya Nyaya Sanhita.
Note the branch named in the notice too. CBI cases in Delhi are handled by branches such as the Anti-Corruption Branch, the Economic Offences branches, the Banking Securities and Fraud branches and the Special Crime branches. A bank fraud notice from a banking fraud branch and a bribery notice from an anti-corruption branch lead to quite different questioning.
CBI notices at a glance
This table is a general guide. Some notices combine more than one provision; read the whole notice and the case details it gives.
| Notice | Section | What it usually signals | How to respond |
|---|---|---|---|
| Attendance of a witness | Section 179 BNSS | You are thought to know facts of the case; you may or may not be a suspect | Appear, or ask for another date in writing; carry copies of relevant papers |
| Notice of appearance | Section 35(3) BNSS | You are a suspect or accused, but arrest is not presently required | Comply with the terms; failure can lead to arrest. Consider anticipatory bail |
| Production of documents | Section 94 BNSS | CBI needs records in your possession | Produce copies with a covering letter; take a receipt; keep the originals unless asked |
| Preliminary enquiry notice | Often no section, PE number | No FIR yet; CBI is checking whether a case should be registered | Cooperate, but answer carefully; what you say may decide whether an FIR follows |
| Notice after FIR | RC number with offence sections | A regular case is registered and investigation is under way | Get advice before appearing; check if the FIR names you |
Are you a witness, a suspect or an accused?
The notice will not always say so plainly, and the CBI may not have decided. Look for clues. A section 35 notice means you are treated as an accused. A section 179 notice is neutral. If you are named in the FIR, which you can usually check from the CBI's FIR copy if it has been placed on the court record or published, you are an accused regardless of the section used. If the notice asks about your own transactions, approvals or bank accounts, rather than someone else's, treat yourself as a possible suspect.
Your status can change during the investigation. People often go as witnesses, give statements that turn out to be inconsistent with documents, and find themselves added as accused in the chargesheet. That is why even a witness should prepare, read the documents they are likely to be asked about, and answer only what they actually know.
Do you have to go when CBI calls?
Yes, ordinarily. A person served with a section 179 notice who is within the limits of the police station or an adjoining one must attend. The first proviso to section 179 protects certain people: a man under 15 or above 60, a woman, a mentally or physically disabled person, or a person with acute illness cannot be required to attend anywhere other than the place where they live. They can choose to go to the CBI office if they wish. If you fall within the proviso, you can write to the investigating officer saying so and offering to be questioned at your residence.
If you have a genuine difficulty with the date, such as a medical procedure, a court hearing, travel booked before the notice, or a family function, write to the investigating officer before the date, explain the reason with proof, and offer two or three alternative dates soon after. CBI officers usually agree to one reasonable request. Repeated requests, or simply not turning up, are noted and used later to argue non-cooperation, which can matter at the bail stage.
For a section 35 notice, the consequences are sharper. Section 35 says that where a person complies with the notice and continues to comply, they shall not be arrested for the offence in the notice unless the officer records reasons. Failing to comply, or failing to identify yourself, allows the officer to arrest, subject to any court order.
Can CBI serve a notice by WhatsApp or email?
For notices to accused persons, no. In Satender Kumar Antil v CBI, by an order of 21 January 2025, the Supreme Court held that notices under section 41A CrPC and section 35 BNSS cannot be served through WhatsApp or other electronic modes as a substitute for the methods the Code prescribes, and directed all states and union territories to issue standing orders to their police. A section 35 notice should reach you through a proper mode of service, such as personal delivery.
For section 179 notices to witnesses, the position is less settled. In practice, CBI officers often call or message first and then send a formal notice. Do not ignore a message that appears to come from the CBI because it was not served in the proper form. Ask for a written notice, check that it is genuine by calling the branch named on it through a number from the CBI's official website, and respond. Fake 'CBI' calls and video calls are a common fraud, and our post on digital arrest scam calls explains the signs. A real CBI officer will never ask you to stay on a video call or transfer money.
Preliminary enquiry or regular case: why it matters
The CBI often starts with a preliminary enquiry, particularly in corruption and commercial cases, to check whether the information it has received discloses a cognizable offence. The Supreme Court allowed preliminary enquiries in such categories in Lalita Kumari v Government of Uttar Pradesh (2013), and section 173(3) of the BNSS now provides for a preliminary enquiry, within 14 days, for offences punishable with three to seven years. CBI enquiries into corruption under the Prevention of Corruption Act often take longer, following the CBI's own procedure.
If you are called during a preliminary enquiry, your answers and documents may decide whether an FIR is registered at all, and against whom. That cuts both ways. A clear explanation backed by records can close an enquiry. Careless or evasive answers can turn a routine check into a regular case. Treat a PE notice as seriously as a notice in a registered case.
Preparing for CBI questioning: the days before
Most people have between three days and two weeks between receiving the notice and the date of appearance. Use the time this way.
Read the notice line by line
Note the section, the case number, the branch, the investigating officer's name and number, the date, the time and the address. Check whether the notice asks you to bring documents, and which ones.
Get advice early
Show the notice to an advocate within a day or two. The advice will differ for a witness, a suspect and an accused, and it also decides whether anticipatory bail should be considered before you go.
Collect and organise the documents
Gather the papers the questioning is likely to cover: approvals you signed, emails, bank statements, contracts, board minutes. Make an indexed set of copies to hand over, and a second set for yourself.
Build a short timeline
Write a one-page chronology of the events you were involved in, with dates. You will not hand it over, but reading it the night before keeps your answers consistent with the documents.
Think about what you do not know
Make a note of the things you genuinely do not remember or were not involved in. Being able to say so calmly is as important as knowing the facts you do.
Plan the day
Questioning can last from two hours to a full day, and you may be asked to return. Arrange for medicines, tell your family where you will be, and arrange for someone, often your advocate, to wait outside.
Do not contact other witnesses or co-accused to 'align' your accounts. Calls and messages between people in the same case are routinely checked, and anything that looks like coordination is treated as an attempt to influence witnesses.
What happens at the CBI office?
CBI's headquarters in Delhi is at the CGO Complex on Lodhi Road, and most Delhi branches sit there or in nearby CBI offices. At the reception you give your name and the notice, and you are asked to deposit your mobile phone and any bags. An officer comes to collect you and takes you to the investigating officer's room or an interview room. Your advocate or companion will usually be asked to wait in the reception area.
The investigating officer, sometimes with a colleague or a senior officer, asks questions and may show you documents. Questioning usually starts with your background, your job and your role, and then moves to specific transactions, meetings and approvals. The officer records a statement under section 180 of the BNSS (old section 161). Section 180 allows the statement to be recorded by audio-video means as well. Under section 181, a statement made to a police officer during investigation is not to be signed by the person making it, and it can be used at trial only for limited purposes, mainly to contradict a witness. If you are asked to sign a statement, ask why, and read it carefully before you decide.
You may be asked to return on another day, to give specimen signatures or handwriting, or to produce more documents. Ask for each request in writing. If you hand over documents, insist on a receipt or a seizure memo listing them.
Can your lawyer sit with you during CBI questioning?
Not as a matter of right. A witness or suspect who is not under arrest has no statutory right to have a lawyer present during questioning by the police, and the CBI generally does not allow it. Section 38 of the BNSS (old section 41D) gives an arrested person the right to meet an advocate of choice during interrogation, though not throughout it. Courts have, in some individual cases, allowed a lawyer to be present at a visible but not audible distance, usually on an application made before the questioning.
Your advocate can still be useful on the day. They can wait at the CBI office, so that you can step out and speak if the questioning goes somewhere unexpected, deal with the investigating officer about the next date or the documents, and be ready to move court at once if there is an arrest. A point Advocate B.K. Singh often makes to clients before a CBI appearance is that the most important advice is given the evening before, not in the corridor outside the interview room.
Your right to stay silent, and how to use it
Article 20(3) of the Constitution says no person accused of an offence shall be compelled to be a witness against himself. Section 180(2) of the BNSS requires a person questioned to answer truly all questions about the case, other than questions whose answers would tend to expose them to a criminal charge, penalty or forfeiture. The Supreme Court in Nandini Satpathy v P.L. Dani (1978) held that this protection applies during police questioning, not only at trial, and to suspects as well as formal accused.
In practice, staying silent is rarely all or nothing. Most people answer questions about their background, their role and the documents, and decline only questions that go to their own possible guilt, or where they need documents to answer accurately. Saying 'I would like to answer that after seeing the file' or 'I will answer that on advice' is legitimate. Lying is not, and neither is giving a confident answer on something you do not remember.
Courts have also said repeatedly that a person's refusal to confess, or to give the answer the investigating officer wants, does not by itself amount to non-cooperation. If the CBI later argues non-cooperation to oppose bail, the question is whether you appeared, answered, and produced what was asked for, not whether you admitted the allegation.
Government employees and the section 17A question
If you are a public servant and the questions concern a recommendation you made or a decision you took in discharging your official functions, section 17A of the Prevention of Corruption Act 1988 matters. It bars any enquiry, inquiry or investigation into such an offence without the prior approval of the authority competent to remove you from office, except where a person is caught on the spot accepting or attempting to accept a bribe. You can ask, through your advocate, whether approval under section 17A has been obtained.
Section 17A is a protection for the decision-making process, not a blanket immunity. It is generally understood not to apply to a disproportionate assets case, which is about your wealth rather than a decision, and it does not prevent the CBI from asking you questions as a witness about other people's conduct. Sanction for prosecution under section 19 is a separate step that comes later, before a court can take cognizance. Government employees should also expect the department to be informed, and our post on replying to a departmental charge sheet covers the parallel disciplinary process that often follows.
A made-up example: the supplier called in a bank fraud case
Here's a made-up example. Meera runs a small packaging company in Ghaziabad. She receives a notice under section 179 BNSS from a CBI banking fraud branch, asking her to appear at the CBI office on Lodhi Road in eight days with invoices and bank statements for her dealings with a company whose directors are accused of diverting a bank loan. The notice gives an RC number and sections of the BNS on cheating and forgery and of the Prevention of Corruption Act.
Her advocate checks the FIR, which names the company, its directors and some bank officers, but not Meera. He advises her that she is being called as a witness, sees no need for anticipatory bail at this stage, and asks her to build a timeline of every order, invoice and payment with that company. She discovers that two invoices in the loan file, apparently on her letterhead, do not match her records. She takes indexed copies of her actual invoices, GST returns and bank statements.
At the CBI office she is questioned for about four hours. She explains her actual dealings, shows that the two invoices are not hers, and says she does not know who prepared them. Asked about a phone call with one director, she says she does not remember the date and will check. She hands over copies against a receipt and is asked to give specimen signatures the following week, which she does. The documents she brought put her account on the record early, which is usually the best position a witness can be in.
Can CBI arrest you when you go for questioning?
It can, if the conditions for arrest are met, but most people who answer a CBI notice go home the same day. For offences punishable with up to seven years, section 35 of the BNSS requires the officer to be satisfied that arrest is necessary, for reasons such as preventing further offences, proper investigation, or preventing tampering or absconding, and to record those reasons. Arnesh Kumar v State of Bihar (2014) and Satender Kumar Antil v CBI (2022) both stress that arrest in such offences should be the exception. For more serious offences, including some under the Prevention of Corruption Act where the maximum is higher, the officer has more latitude.
If you are arrested, you must be told the grounds of arrest, your family or a person you name must be informed, you have the right to meet your advocate, and you must be produced before the special judge within 24 hours. In Delhi, CBI cases go to the special CBI courts at the Rouse Avenue court complex. Our post on your rights on arrest in Delhi explains each of these rights in detail.
Should you apply for anticipatory bail after a CBI notice?
Not always. If you are clearly a witness, with no allegation against you, an anticipatory bail application may draw attention you do not need and courts may decline it as premature. If you are named in the FIR, have received a section 35 notice, or the questions are clearly about your own role in a serious offence, it is worth considering, particularly if co-accused have already been arrested.
Anticipatory bail under section 482 of the BNSS is sought before the special judge or Sessions Court, or the High Court. Courts often grant interim protection on a condition that you join the investigation as and when called. Being able to show that you have already appeared in answer to every notice helps a great deal. Our post on the anticipatory bail process in Delhi explains the steps, and our bail practice page covers regular bail if an arrest has already happened.
Mistakes people make with CBI notices
- Ignoring the notice or not turning up. Absence is the easiest way to give the CBI a reason to argue non-cooperation, and for a section 35 notice it can lead to arrest.
- Handing over originals without a receipt. Originals can go missing for years in a case file. Give copies with a covering letter and keep proof of what you gave.
- Calling others in the case after the notice. Call records and chats are checked. A call to a co-accused the night before questioning looks like coordination even when it was not.
- Over-explaining. Long answers full of guesses and opinions about other people's motives produce inconsistencies. Short, factual answers are safer.
- Signing a statement without reading it. Statements to the police during investigation are generally not signed. If you are asked to sign one, read it fully and correct errors before deciding.
- Assuming 'witness' means safe. Witnesses do become accused. Prepare as carefully as an accused would, without behaving like one.
- Travelling abroad suddenly. A trip soon after a CBI notice invites a Look Out Circular. Check first, using our guide on finding out if an LOC is open against you.
What to carry to the CBI office
Carry these in a single folder. Leave originals at home unless the notice specifically asks for them.
Identity and the notice
- The original notice and a copy
- Aadhaar card, PAN card or passport
- Your advocate's name and phone number written on paper
- Any earlier correspondence with the investigating officer
Documents asked for
- Indexed copies of every document listed in the notice
- A covering letter listing what you are handing over
- A second set of the same copies for yourself
- Bank statements and approvals relevant to the questions
Personal needs
- Regular medicines and a prescription
- Water and something light to eat
- Spectacles if you need them to read
- Enough cash for travel home
After the questioning: what comes next
On the way home, write down the questions you were asked, the documents shown to you, and your answers, as closely as you can remember them. Do it the same day. If you are called again weeks later, or the matter goes to trial years later, this note helps you stay consistent and helps your advocate understand what the CBI is looking at.
A second or third notice is common. Some witnesses are later asked to give a statement before a magistrate under section 183 of the BNSS, which is recorded in court and carries more weight. If the investigation ends with a chargesheet in which you are named, the case moves to the special court, and our post on what happens after a chargesheet is filed takes it from there. If the CBI closes the case, it files a closure report, which the court considers before accepting.
What to do this week if you have a CBI notice
- Note the section, case number, branch, officer and date, and diarise the appearance
- Check whether you fall within the section 179 proviso and, if so, decide whether to ask to be questioned at home
- Show the notice to an advocate and decide whether anticipatory bail is worth considering
- Collect and index copies of the documents asked for and those likely to be relevant
- Write a one-page timeline of your involvement
- If the date is impossible, write to the officer before it with reasons and alternative dates
- Do not discuss the case with others involved, by phone or chat
- Do not travel abroad without checking first
- Arrange for someone to wait for you at the CBI office on the day
Getting advice before you appear
Most of what decides how a CBI notice turns out happens before the date of appearance: reading the notice correctly, collecting the right documents, deciding on anticipatory bail, and thinking clearly about what you know and do not know. Our page on the anti-corruption practice in Delhi covers Prevention of Corruption Act cases, and our post on trap cases under the Prevention of Corruption Act deals with bribery traps specifically.
If you want an advocate to read the notice and tell you what kind of notice it is and how to prepare, the team of Advocate B.K. Singh at B.K. Singh & Associates can look at it through our online enquiry page. Send the notice and any papers you received with it.
Frequently asked questions
Is it compulsory to appear before CBI after a notice?
Ordinarily yes. A section 179 BNSS notice must be obeyed by a person within the limits of the station or an adjoining one, and failing to comply with a section 35 notice can lead to arrest. If the date is impossible, write to the investigating officer before it with reasons and alternative dates.
Can CBI call a woman or a senior citizen to its office?
Under the proviso to section 179 BNSS, a woman, a man above 60 or under 15, a disabled person or a person with acute illness cannot be required to attend anywhere other than where they live. They may choose to go to the CBI office if they wish.
What is the difference between a section 179 and a section 35 notice?
A section 179 notice calls a person who appears to know the facts of the case, usually as a witness. A section 35(3) notice is sent to a person suspected of a cognizable offence whose arrest is not presently considered necessary, and failing to comply can lead to arrest.
Can I take my lawyer inside during CBI questioning?
Not as of right if you are not under arrest. Your advocate can usually wait at the CBI office. An arrested person has the right under section 38 BNSS to meet an advocate during interrogation, though not throughout it, and courts have occasionally allowed a lawyer at a visible distance.
How long does CBI questioning take?
It varies from a couple of hours to a full day, depending on the case and your role. You may be asked to return on later dates. Carry medicines and something to eat, and ask for breaks if you need them.
Can CBI arrest me when I go for questioning?
It can if the legal conditions for arrest are met, but most people who answer a notice go home the same day. For offences up to seven years, the officer must record reasons why arrest is necessary, and courts treat arrest in such cases as the exception.
Do I have to answer every question CBI asks?
You must answer truthfully, but section 180(2) BNSS and Article 20(3) protect you from answering questions that would expose you to a criminal charge. You can also say you need to see documents before answering accurately.
Will I get a copy of my statement to CBI?
Generally not during investigation. Statements under section 180 BNSS are not signed and are not usually supplied until the chargesheet stage, when the accused receives copies. Write down your own note of the questions and answers the same day.
Can CBI send a notice on WhatsApp?
The Supreme Court held in January 2025 that section 35 BNSS notices to accused persons cannot be served through WhatsApp or other electronic modes as a substitute for the prescribed methods. Do not ignore a message, though: ask for a formal notice and verify it with the CBI branch.
Should I apply for anticipatory bail after receiving a CBI notice?
It depends on your status. A plain witness rarely needs it, and courts may treat the application as premature. If you are named in the FIR, have a section 35 notice, or co-accused have been arrested, it is worth considering with your advocate.
What is a CBI preliminary enquiry?
It is a check the CBI carries out before registering an FIR, to see whether the information it has received discloses a cognizable offence. It is common in corruption and commercial cases, and your answers at this stage can decide whether a case is registered.
Does CBI need permission to question a government officer?
Under section 17A of the Prevention of Corruption Act, prior approval of the competent authority is needed before any enquiry or investigation into decisions taken in official functions, except for on-the-spot bribery arrests. It does not cover disproportionate assets cases or questioning as a witness about others.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.