While affirming that issuance of a notice under Section 35(3) of the BNSS is mandatory for offences punishable with imprisonment up to seven years, the Supreme Court clarified that an arrest under Section 35(6) can be made even after such notice only based on fresh materials that were not available to the police officer at the time the Section 35(3) notice was issued.
Section 35(6) BNSS empowers the police to arrest a person who fails to comply with Section 35(3) BNSS notice, i.e., to appear before the police officer or fails to identify himself to the police.
“While making an arrest under Section 35(6) of the BNSS, 2023, after the stage of issuing a notice seeking presence under…