In short. A Section 35 BNSS notice (old Section 41A CrPC) asks a person suspected of a cognizable offence to appear before the police instead of being arrested. You must comply. If you comply and keep complying, you cannot be arrested for that offence unless the officer records reasons in writing; if you do not, the police may arrest you, subject to any court order.
The notice of appearance is the BNSS's main tool for avoiding unnecessary arrests. Under Section 35(1), in offences punishable with up to seven years, the police can arrest without warrant only if they record reasons why arrest is necessary. Where arrest is not necessary, Section 35(3) requires them to issue a notice instead. The approach comes from the Supreme Court's judgment in Arnesh Kumar v State of Bihar (2014) and was carried from the old Section 41A CrPC into the new law.
Receiving a notice is good news compared with the alternatives: it means the police have, at least for now, decided arrest is not needed. But how you respond can change that. This post explains what the notice requires, how to prepare, what happens at the station, and when arrest is still possible. If you have only just learnt of the FIR, start with what to do when an FIR is registered against you in Delhi.
- Law
- Section 35(3) to (7) BNSS (old Section 41A CrPC)
- Used for
- Offences up to 7 years where arrest is not necessary
- Must you go?
- Yes, Section 35(4) makes compliance a duty
- If you comply
- No arrest unless the officer records reasons in writing
- How it must be served
- In writing, by a mode the law allows; WhatsApp is not valid service
- Elderly or infirm
- DSP permission needed to arrest for offences under 3 years
What is a Section 35 notice?
It is a written notice from a police officer directing a person against whom there is a reasonable complaint, credible information or reasonable suspicion of a cognizable offence to appear before him, or at another place named in the notice. It is issued in place of arrest. It should name the FIR number, police station and sections, the date, time and place of appearance, and the consequences of not appearing.
Delhi Police notices follow a format laid down after Delhi High Court directions, which the Supreme Court has approved and asked other states to follow. The notice should be addressed to you by name, signed by the IO, and served on you personally or at your address in the manner the law provides. You should be asked to sign an acknowledgment, and you are entitled to keep a copy.
A Section 35 notice is different from a notice to a witness. If the police want you only as someone who knows the facts, they issue a notice under Section 179 BNSS, and if they want documents, a notice under Section 94. The difference matters, because the protection against arrest and the risk of arrest attach to a Section 35 notice. If the notice does not say clearly which section it is under, ask the IO in writing.
Which police notice have you received?
People often confuse these notices. Look at the section printed at the top.
| Notice | Who receives it | What it requires | If ignored |
|---|---|---|---|
| Section 35(3) BNSS (old 41A CrPC) | A person suspected of a cognizable offence | Appear before the police on the date and at the place stated | Police may arrest, subject to court orders |
| Section 179 BNSS (old 160 CrPC) | A witness who appears to know the facts | Attend to be examined; vulnerable persons are questioned where they live | Possible prosecution for disobeying a lawful summons, but no arrest as an accused on this ground |
| Section 94 BNSS (old 91 CrPC) | Anyone holding a document or thing | Produce the document or thing named | Court can compel production |
| Section 50 PMLA summons | Any person, from the ED | Appear, give a statement on oath, produce records | Penalty or prosecution for non-compliance; risk of arrest under Section 19 PMLA |
| Court summons | Accused or witness in a pending case | Appear before the court on the date | Bailable or non-bailable warrant |
Must you go to the police station after a Section 35 notice?
Yes. Section 35(4) says it is the duty of the person who receives the notice to comply with its terms. Section 35(6) says that if he fails to comply, or is unwilling to identify himself, the police officer may arrest him for the offence mentioned in the notice, subject to orders passed by a competent court. Ignoring the notice converts a no-arrest situation into an arrest situation.
The notice has to be served properly. In Satender Kumar Antil v CBI, the Supreme Court directed in January 2025 that Section 35 notices be served only through the modes the law prescribes and not through WhatsApp or other electronic means, and it rejected a request to modify that direction in July 2025. A notice that arrives only as a WhatsApp photograph is not valid service. Even so, do not simply ignore it: reply politely in writing that you have seen it, that you will appear on receiving proper service or on a date fixed in consultation, and keep proof of that reply.
If you are out of Delhi, abroad, unwell or otherwise unable to appear on the date, the duty to comply does not mean you must abandon everything. It means you must respond and arrange to appear, which brings us to rescheduling.
Can I ask for another date?
Yes, and police officers usually agree to a reasonable request. Write to the IO before the date, giving the FIR number, the reason you cannot appear (illness, a hospital appointment, travel booked earlier, an examination, a family function), supporting proof, and two or three alternative dates within the next week or two. Send it by hand with a receipt stamped by the police station, by speed post, and by email if an email address is on the notice.
One adjournment for a real reason is normal. Repeated requests, or requests without proof, will be read as avoidance, and an IO who reports to the court that you did not cooperate has an easy argument for arrest or for opposing anticipatory bail. If you genuinely cannot come for a longer period, for example because you are abroad for work, your advocate can write to the IO and, if necessary, approach the court to set terms for your appearance.
How to prepare for a Section 35 appearance
Preparation usually takes a day or two. Do it before the date, not on the way to the station.
Read the notice and the FIR
Note the sections, the date and place of appearance, and the capacity in which you are called: accused or witness. Get the FIR copy if you do not have it.
Speak to an advocate
Go through the allegations with an advocate, and decide whether anticipatory bail should be filed before you appear. In offences close to the seven-year line, or where recovery is likely, this is often sensible.
Write your version
Prepare a short written statement of facts, in date order, with copies of the documents that support it. Keep it factual and avoid attacking the complainant.
Organise documents
Arrange originals and two sets of photocopies of the documents you will refer to. Hand over copies, not originals, unless the IO formally seizes them with a memo.
Plan the day
Arrive on time with ID, the notice, your statement and documents, your advocate's number and some money. Tell a family member where you are going and when you expect to be back.
Keep a record
Get the police station's receipt on your written statement, ask for copies of any seizure memo, and note the time you arrived and left.
Can a lawyer come with me?
Yes, a lawyer can accompany you to the police station, and in Delhi it is common for the advocate to wait at the station while the person is questioned. The police are not obliged to let the advocate sit through the questioning. If you are arrested, Section 38 BNSS gives you the right to meet an advocate of your choice during interrogation, though not throughout it.
Even when the advocate is outside the room, having one present changes the tone. It signals that you are cooperating with legal advice, it means someone can speak to the IO or SHO if things go wrong, and it gives you someone to consult before you sign a seizure memo or hand over a device. When Advocate B.K. Singh's office sends someone with a client to a Section 35 appearance, the advocate's first job is simply to make sure the written statement and documents are received and stamped, so there is a record that the client came and cooperated.
What happens at the police station?
Usually, you wait, and then the IO questions you, sometimes with a senior officer present. Questions often start with your background and your connection with the complainant, then move to the specific transactions or incidents in the FIR. The IO may ask you to explain documents, identify signatures, or give details of bank accounts, phone numbers and other people involved. Appearances commonly last a few hours, though complex cases can take longer and you may be asked to come again.
The IO records what you say as a statement under Section 180 BNSS. Under Section 181, that statement is not to be signed by you, and it cannot be used as evidence at trial except to contradict you if you later give evidence. If you are asked to sign a written version of your statement, you can politely say that the law does not require it. You should, however, sign any seizure memo for items you hand over, after reading it, and ask for a copy.
Hand over your own written statement with documents and ask for the police station's receipt on your copy. This is often the most useful thing you do that day. It is a dated record of your version and of what you produced, and it is very hard for anyone to later say you refused to cooperate.
Do I have to answer every question?
You must cooperate, but you do not have to incriminate yourself. Article 20(3) of the Constitution protects a person accused of an offence from being compelled to be a witness against himself. Courts have said repeatedly that an accused who denies the allegations is not uncooperative for that reason, and that the police cannot treat a refusal to confess as a ground for arrest.
That does not mean refusing to say anything. Blanket silence, or refusing to explain documents that are plainly yours, can be presented as non-cooperation. The practical course is to answer factual questions about your identity, your role and the documents, to give your version clearly, and to say, politely, that you would like to answer a particular question after consulting your advocate if it is one that could incriminate you. Never lie. A false explanation that the police can disprove does more damage than any honest answer.
A confession made to a police officer is not admissible against you under the Bharatiya Sakshya Adhiniyam. But information you give that leads to the discovery of a fact, such as where documents or money are, can be proved. Bear that in mind before volunteering things.
Can the police take my phone or ask for passwords?
The police can seize property connected with an alleged offence, and in many cases that includes a mobile phone or laptop. If they do, ask for a seizure memo that describes the device, its IMEI or serial number and its condition, and get a copy. You can later apply to the magistrate for release of the device once its data has been copied.
Whether the police can compel you to give passwords, or to open a device with your fingerprint or face, is a question on which courts have not been entirely consistent, and it touches the right against self-incrimination. If the IO asks, it is reasonable to say you would like to take legal advice first. If your device holds privileged or highly personal material unrelated to the case, tell your advocate, who can raise it with the IO or the court.
A made-up example: a Section 35 notice in a cheating complaint
Here's a made-up example. Neha runs a small interior design firm. A former client complains that Neha took ₹6 lakh for a renovation and abandoned the work, and an FIR is registered under Section 318(4) BNS at a police station in East Delhi. Two weeks later a constable brings a Section 35 notice to her office asking her to appear on a Thursday at 11 am. Her daughter has a board examination that day.
Neha's advocate writes to the IO the same afternoon, attaching the exam admit card, and offers the following Monday or Tuesday. The IO agrees to Monday. Neha prepares a two-page statement with the contract, the payment schedule, photographs of completed work and the client's messages refusing to pay the third instalment. She appears with her advocate, who waits outside. The IO questions her for about two hours, asks for her bank statements, and asks for her phone; her advocate asks that only the client's chat be photographed and recorded in a memo instead, and the IO agrees.
Neha is not arrested. She is asked to come again if needed and to keep her phone on. Her written statement, stamped by the police station, goes into the case file. If the IO had insisted on seizing her phone, the right course would have been to ask for a proper seizure memo and later apply to the magistrate for its release.
What to carry when you appear
Papers
- The notice, and a copy of the FIR
- Your written statement, signed, with two copies
- Copies of supporting documents in date order
- Originals, kept with you, to show if asked
Identity and contact
- Aadhaar or another photo ID
- Your advocate's name and phone number
- A family member's phone number written on paper
Practical
- Any medicines you take
- Some cash and a charged phone
- A notebook to note the time, names of officers and questions asked
Can I be arrested even after complying with the notice?
Yes, but it is the exception. Under Section 35(5), where you comply and continue to comply, you shall not be arrested for the offence in the notice unless the officer, for reasons recorded in writing, is of the opinion that you ought to be arrested. Typical reasons are that new material has emerged, that recovery is needed, that you have been contacting witnesses, or that the case has been converted to more serious sections.
The risk is higher where the sections are close to or above seven years, where there is money or property to recover, where co-accused have already been arrested, or where the complainant is pressing hard. That is why, in some cases, advocates file for anticipatory bail even after a notice arrives. Having received a Section 35 notice does not stop you from applying, and an order of interim protection before you appear can make the appearance much calmer. Our post on how to get anticipatory bail in Delhi under Section 482 BNSS explains the process.
If you are arrested, you have the right to be told the grounds of arrest, to have a relative or friend informed, to meet your advocate during interrogation and to be produced before a magistrate within 24 hours. Our post on your rights on arrest in Delhi sets these out, and our bail lawyer page explains what happens at the first remand.
Protections for senior citizens, the infirm and women
Section 35(7) BNSS adds a specific safeguard: where the offence is punishable with less than three years and the person is infirm or above sixty years of age, the police cannot arrest without the prior permission of an officer not below the rank of Deputy Superintendent of Police (in Delhi, an ACP). If you are a senior citizen or unwell and receive a notice in such a case, say so in writing to the IO and attach proof of age or medical records.
The law also restricts calling vulnerable people to the police station as witnesses: women, children, elderly people and people who are ill or disabled are to be questioned where they live under Section 179. That proviso is about witnesses, not accused persons, but where a woman or an elderly accused cannot travel, the IO can be asked to record the statement at home, and many do. Separately, a woman cannot ordinarily be arrested after sunset and before sunrise except in exceptional circumstances, by a woman officer, and with the prior permission of a magistrate.
What if the police keep calling me again and again?
Being called more than once is normal in an active investigation, especially when new documents or witnesses come up. Being called every few days without any visible progress, being kept at the station from morning to night, or being pressured to settle with the complainant is not. Keep a record of each notice, each appearance and its duration.
If it becomes harassment, your advocate can write to the SHO, the ACP and the DCP, and if that does not help, apply to the court. Where anticipatory bail or interim protection has been granted, the court that granted it can regulate the dates and conditions of appearance. In serious cases, the High Court can be approached under Article 226 or Section 528 BNSS. For a broader view of how the courts supervise investigations, see our page on criminal law practice.
Called as a witness, but treated as an accused?
Sometimes a person is first called as a witness under Section 179, and the questioning gradually turns into an inquiry about his own role. If you sense that shift, it is reasonable to ask the IO in writing in what capacity you are being examined. A witness has duties and protections that differ from those of an accused, and what you say as a witness can later be used to build a case against you.
If the notice says Section 179 but the FIR names you, or the questions are plainly about your own conduct, treat it as you would a Section 35 notice: take advice, prepare a written statement, and consider whether you need protection from arrest before you go.
Called in before any FIR is registered?
Sometimes the police call you in about a complaint before deciding whether to register an FIR at all. For offences punishable with three to seven years, Section 173(3) BNSS allows the police, with a senior officer's permission, to hold a preliminary enquiry for up to 14 days to see whether there is a prima facie case. You may be asked to come and give your side during that enquiry, by a letter or a call that does not cite Section 35.
Treat this as a real opportunity. A clear written reply with documents at the enquiry stage can persuade the police that the dispute is civil, or that the complaint is exaggerated, before an FIR is ever registered. Ask for the request in writing, find out what the complaint says, and take advice before you go; what you say at the enquiry will be on the file if an FIR follows.
Mistakes people make with a Section 35 notice
- Ignoring the notice because it came on WhatsApp. It may not be valid service, but silence still looks like avoidance. Reply in writing.
- Going without reading the FIR. You cannot give a coherent account of events if you do not know exactly what you are accused of.
- Handing over originals without a memo. Originals go missing. Give copies, or insist on a seizure memo.
- Arguing with the IO. The IO's report will be read by the judge deciding your bail. Be calm and factual.
- Signing your statement as if it were an affidavit. Section 181 BNSS says police statements are not to be signed. Read and sign seizure memos, not statements.
- Contacting the complainant after the appearance. Many people leave the station and call the complainant to 'settle'. That call can undo everything.
- Assuming one appearance ends the matter. The investigation continues; keep your phone on and respond to further notices.
Notices from the ED, CBI and GST authorities
Central agencies use different provisions with different consequences. An ED summons under Section 50 PMLA requires you to give a statement on oath, and that statement can be used as evidence, which is very different from a police statement. The CBI generally uses Section 35 or Section 179 BNSS notices, but its cases often involve the Prevention of Corruption Act and documentary trails that need careful preparation. GST officers issue summons under the GST law, with their own rules on arrest.
Each has its own post: ED summons under Section 50 PMLA, CBI notice for questioning and GST summons and arrest. The general advice is the same: read the notice closely, take legal advice before you go, and go prepared.
The day before you appear
- Notice read: section, date, time, place and capacity (accused or witness)
- FIR copy read in full
- Advocate consulted, and decision taken on anticipatory bail
- Written statement prepared, signed, with two copies
- Supporting documents copied and arranged in date order
- ID, medicines, cash and charged phone ready
- Family member told where you are going
- No contact with the complainant or witnesses
Getting advice before you appear
A Section 35 notice is an opportunity to show the police that arrest is unnecessary, and the way you use it shapes the rest of the case. If you want an advocate to read the notice and the FIR before you go, the team of Advocate B.K. Singh at B.K. Singh & Associates can look at the papers, tell you whether protection from arrest is advisable, and help prepare your statement. Send the details through our online enquiry form, or see our page for a criminal lawyer in Delhi.
Frequently asked questions
What happens if I ignore a Section 35 BNSS notice?
The police may arrest you for the offence named in the notice, under Section 35(6), subject to any court order protecting you. Ignoring the notice also hurts any later application for anticipatory bail, because it looks like avoidance.
Is a police notice sent on WhatsApp valid?
No. The Supreme Court directed in 2025 that Section 35 notices be served only by modes prescribed by law, not by WhatsApp or other electronic means. Still, reply in writing so there is a record that you did not ignore it.
How many days do I get to respond to a Section 35 notice?
The notice itself fixes the date and time of appearance. If that date does not work, write to the IO before it with reasons and proof, and propose alternative dates soon after.
Can I send my lawyer instead of going myself?
No, the notice requires you to appear personally. Your lawyer can write to the IO, accompany you and deal with rescheduling, but cannot appear in your place.
Can the police arrest me when I go to the station on a notice?
Only for reasons recorded in writing, under Section 35(5), if you have complied with the notice. It is uncommon, but more likely where the offence is serious or a recovery is needed, which is why anticipatory bail is sometimes filed first.
Do I have to sign my statement at the police station?
No. Under Section 181 BNSS, statements recorded by the police are not to be signed by the person making them. You should read and sign seizure memos for items you hand over, and keep copies.
Can I apply for anticipatory bail after getting a Section 35 notice?
Yes. A notice does not bar an anticipatory bail application, and courts often grant interim protection on condition that you appear as directed. This is sensible where the sections are serious or arrest seems likely.
What is the difference between a 41A notice and a Section 35 notice?
They are essentially the same. Section 41A of the CrPC was carried into Section 35(3) to (6) of the BNSS from 1 July 2024, with an added safeguard in Section 35(7) for elderly and infirm persons.
Can the police call me at night?
There is no absolute rule for men, but questioning at unreasonable hours or for very long periods can be raised with senior officers or the court. Women cannot ordinarily be arrested between sunset and sunrise except with a magistrate's prior permission.
Will I get a copy of my statement?
Not usually at the investigation stage. You will get copies of the statements relied on with the chargesheet under Section 230 BNSS. Your own written statement, stamped by the police station, is the record you keep.
Is a senior citizen required to go to the police station on a notice?
A senior citizen who is an accused must respond, but for offences punishable with less than three years, arrest of a person above sixty or infirm needs a DSP-rank officer's prior permission. You can also ask the IO to record the statement at home.
What should I say if I am innocent?
Give a clear, factual account with documents, preferably in writing, and answer factual questions honestly. Avoid long speeches about the complainant and do not guess at things you do not know.
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.