Arrest--Notice before Arrest Under Section 35(3) BNSS-- Notice is Rule, Arrest Exception for Offences Punishable Up to Seven Years
Issuance of notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the rule for offences punishable with imprisonment up to seven years. Arrest is an exception. Compliance with Section 35(1)(b)(i) — requiring reason to believe based on complaint or information — is a prerequisite for every arrest. Additionally, at least one condition under Section 35(1)(b)(ii) establishing necessity of arrest must be satisfied. Under Section 35(6), circumstances existing at the time of issuing notice shall not be considered while effecting arrest thereafter. Power of arrest is discretionary, not mandatory.
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