BNSS Section 35 (CrPC 41 and 41A): arrest without warrant and the notice to appear
When the police may arrest without a warrant, the conditions that apply up to seven years, the notice to appear instead, and the new rule for the infirm and those above sixty.
Section 35 of the Bharatiya Nagarik Suraksha Sanhita says when the police may arrest without a warrant, absorbing CrPC sections 41 and 41A. For a cognizable offence punishable with up to seven years, arrest needs reason to believe and a necessity the officer records; otherwise a notice to appear issues, and a person who complies is not arrested unless the officer records reasons. New section 35(7) bars arresting an infirm person or one above sixty, for an offence under three years, without a DSP’s prior permission.
- What it does
- Sets when police may arrest without a warrant, and when they issue a notice to appear instead
- Was
- CrPC 41 (arrest without warrant) and 41A (notice of appearance)
- Now
- BNSS section 35, sub-sections (1) to (7)
- Government’s table
- Merged, and marked changed
Read this first: section 35(7) is new. For an offence punishable with less than three years, a person who is infirm or above sixty may not be arrested without the prior permission of an officer not below Deputy Superintendent of Police.
Several provisions of the Code of Criminal Procedure were folded into one section of the Bharatiya Nagarik Suraksha Sanhita, landing in its sub-sections. So the new number alone is not the answer — the sub-section is.
| CrPC 41 | becomes BNSS 35 | merged |
|---|---|---|
| CrPC 41A | becomes BNSS 35(3), 35(4), 35(5), 35(6) | merged |
Key takeaways
- CrPC 41 is now s. 35(1)–(2), the 41A notice is s. 35(3)–(6), and s. 35(7) is new.
- Up to seven years, arrest needs reason to believe and a necessity recorded in writing.
- An officer who decides not to arrest must record that reason as well.
- Complying with the notice protects against arrest unless the officer records reasons.
- Under three years, infirm or above sixty: no arrest without a DSP’s prior permission.
Where CrPC 41 and 41A landed inside section 35
Two CrPC sections became one BNSS section, and the Government’s table ties each to its sub-sections. A citation to “section 35” alone can therefore mean the power to arrest or the notice that replaces arrest; the sub-section is what tells them apart.
| Was | Now | What it covers |
|---|---|---|
| CrPC 41 | BNSS 35(1) | The grounds for arrest without warrant, including the seven-year conditions |
| CrPC 41(2) | BNSS 35(2) | No arrest for a non-cognizable offence without a warrant or order |
| CrPC 41A | BNSS 35(3), 35(4), 35(5), 35(6) | The notice of appearance, and what follows compliance or non-compliance |
| — | BNSS 35(7) | NewPrior DSP permission: offence under three years, person infirm or above sixty |
The sub-section column is the Government’s own; 35(7) is listed there as “New Sub-Section”.
When police may arrest without a warrant under section 35(1)
Any police officer may arrest “without an order from a Magistrate and without a warrant” a person who falls within one of ten clauses. Only clause (b) carries the seven-year conditions that decide between arrest and a notice to appear.
- (a)Commits a cognizable offence in the presence of a police officer
- (b)Cognizable offence punishable with up to seven years — only on the conditions set out below
- (c)Cognizable offence punishable with more than seven years or death — credible information and reason to believe
- (d)Proclaimed as an offender under the Sanhita or by State Government order
- (e)Found with property reasonably suspected to be stolen, and suspected of an offence about it
- (f)Obstructs a police officer on duty, or escapes or attempts to escape lawful custody
- (g)Reasonably suspected of being a deserter from the Armed Forces of the Union
- (h)Concerned in an act abroad that would be an offence here, and liable to be detained under extradition law
- (i)A released convict in breach of a rule under s. 394(5)
- (j)Wanted on a requisition from another officer who could lawfully arrest without warrant
Paraphrased from BNSS s. 35(1); each ground is its own, and one is enough.
The seven-year test: arrest or a notice to appear
The line is the maximum punishment. Up to and including seven years, clause (b) needs two things and a written record; above seven, clause (c) needs credible information and reason to believe.
Punishable with up to 7 years s. 35(1)(b)
- Reason to believe the person committed it, and
- Satisfied arrest is necessary for one of:
- to prevent a further offence
- for proper investigation
- to prevent evidence disappearing or being tampered with
- to prevent inducement, threat or promise to a witness
- because presence in court cannot otherwise be ensured
More than 7 years, or death s. 35(1)(c)
Credible information received and reason to believe on it. No list of necessities applies.
Overlay Less than 3 years and infirm or above sixty: no arrest without prior permission of an officer not below DSP (s. 35(7)).
BNSS s. 35(1)–(3) and (7). “May” throughout: meeting the conditions permits arrest, it does not require it. Non-cognizable offences need a warrant or a Magistrate’s order (s. 35(2)).
The notice of appearance under section 35(3) to (6)
Where arrest is not required under sub-section (1), the officer “shall” issue a notice directing the person to appear before him or at another specified place. Anticipatory bail — a court’s direction to release a person on bail if arrested — is a separate provision, section 482.
- Complies, and keeps complying
“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.” — s. 35(5)
- Fails to comply, or will not identify himself
The 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.” — s. 35(6)
Compliance is a duty (s. 35(4)). Section 35 does not itself prescribe a form, a time limit or a mode of service for the notice.
Section 35(7): arresting a person who is infirm or above sixty
The one sub-section with no CrPC counterpart in the Government’s table. Its words are not tied to any one clause of sub-section (1), and it requires permission rather than forbidding arrest.
- and
The offence: “punishable for imprisonment of less than three years” — so exactly three years is outside it
- and
The person: “infirm or is above sixty years of age” — either is enough
The safeguard: “prior permission of an officer not below the rank of Deputy Superintendent of Police”
Not defined in s. 35: “infirm”, or the form the permission takes.
Limits on arrest without warrant that sit outside section 35
Section 35 is not the last word on who may be arrested without a warrant. Section 42(1) applies “notwithstanding anything contained in section 35 and sections 39 to 41”: no member of the Armed Forces of the Union may be arrested for anything done or purported to be done in the discharge of official duties without the consent of the Central Government. A State Government may, by notification, extend that protection to specified members of the forces maintaining public order, with its own consent substituted (s. 42(2)).
Section 35(2) points the other way for non-cognizable offences: no arrest without a warrant or a Magistrate’s order, subject only to section 39 — which lets an officer arrest a person who, in the officer’s presence, has committed or is accused of committing a non-cognizable offence and refuses on demand to give a name and residence or gives one the officer has reason to believe false, “in order that his name or residence may be ascertained”.
More questions about this page
What is 41A CrPC in BNSS?▼
What happens if a person does not comply with a section 35 notice?▼
Can police arrest for an offence punishable with less than seven years?▼
Can a senior citizen be arrested under BNSS?▼
Is a section 35(3) notice only for offences up to seven years?▼
Does the police officer have to record reasons for an arrest under BNSS 35?▼
Official sources checked
The statutes, rules and regulator pages the statements on this page were checked against.
- Read 13 September 2026. Section 35 read in full, sub-sections (1) to (7), including the proviso to s. 35(1)(b). India Code’s record of s. 35(2) carries a stray typo (“pn.erson”), which is corrected here.
- CrPC 41 → BNSS 35(1) and 35(2); CrPC 41A → 35(3) to 35(6); 35(7) listed as “New Sub-Section”; section 35 marked “(Change)”.
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Last reviewed September 2026.