New Delhi, Feb 5, KDC: The Supreme Court of India has ruled that the police must mandatorily issue a notice before arrest in cases involving offences punishable with imprisonment of up to seven years under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, reinforcing safeguards against arbitrary arrests.
A Bench comprising Justices M.M. Sundresh and N. Kotiswar Singh, according to news agency Kashmir Dot Com, held that issuance of notice under Section 35(3) of the BNSS is the rule, while arrest is an exception. The Court clarified that no arrest can be made in such cases unless the statutory requirement of issuing a notice is first complied with and the accused fails to cooperate or fresh circumstances emerge warranting arrest.
The apex court was examining whether police officers are bound to serve a notice before arrest in all cases punishable up to seven years’ imprisonment. Answering in the affirmative, the Court said arrest is not automatic and remains a discretionary and optional step during investigation, to be exercised only when strictly necessary.
The Bench emphasised that even where the conditions permitting arrest exist, the police must record reasons in writing, and an investigation can proceed without arrest. It underlined that the objective of Section 35 is to protect personal liberty under Article 21 of the Constitution and prevent routine or mechanical arrests.
Reiterating earlier rulings in Arnesh Kumar and Satender Kumar Antil, the Court said police officers must first consider whether arrest is truly required for purposes such as preventing further offences, ensuring proper investigation, or preventing tampering with evidence. As long as an accused complies with the notice, arrest should not be made except for recorded reasons. (KDC)
