Key points
- The notice requires you to appear before the investigating officer; it is issued where arrest is not immediately necessary for an offence punishable up to seven years.
- You must attend, but you should attend with legal advice and can file a written reply.
- If you comply with the notice, the police cannot arrest you unless they record reasons that arrest has become necessary.
Why the notice is issued
Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 carries forward the scheme of Section 41 and 41A of the old Code. For cognizable offences punishable with imprisonment up to seven years, the police may not arrest merely because an offence is alleged; they must be satisfied that arrest is necessary to prevent further offences, for proper investigation, to prevent tampering with evidence or threats to witnesses, or to ensure attendance in court. Where arrest is not needed, the officer issues a notice directing the person to appear.
What to do when you receive it
Take the notice to a lawyer the same day. Note the date, time and place of appearance. Gather documents that bear on the allegation. Attend on the appointed day, ideally with counsel present, and answer questions truthfully without volunteering conjecture. A short written response, placing your version on record and confirming your cooperation, is often filed at the same time.
Can you be arrested at the police station?
If you comply with the notice, the police may not arrest you unless they record reasons for concluding that arrest has become necessary. Arrest in breach of this is a ground for immediate bail and for departmental action against the officer, as the Supreme Court held in Arnesh Kumar and reiterated in Satender Kumar Antil v. CBI (2022).
What if you do not attend?
Failure to comply with the notice entitles the police to arrest you, subject to the court's orders. If there is a genuine reason you cannot attend on the date given, write to the officer asking for another date rather than ignoring the notice.
Frequently asked questions
Should I file for anticipatory bail after receiving a notice?
Not always. The notice itself signals that arrest is not currently intended. Anticipatory bail becomes advisable if the offence is serious, the police indicate custodial interrogation, or the notice is followed by pressure to confess.
Can I record my statement to the police?
You can note down what was asked and answered immediately afterwards. Audio recording inside the police station without permission can create friction; discuss it with counsel first.
Related practice area: Criminal Defence
This article is for general information and does not constitute legal advice. Laws, rules and limitation periods change and depend on the facts; please take advice on your own situation before acting. Reading this article does not create a lawyer-client relationship with Akhtars Legalitarian.