The Supreme Court has clarified rules surrounding arrests under Section 35(6) of the BNSS (Bail Notification and Surety System), emphasizing that such arrests must be based on new evidence not previously considered when issuing a Section 35(3) notice.
Understanding the Ruling
The Court affirmed that issuing a notice under Section 35(3) of the BNSS is mandatory for offenses punishable by imprisonment of up to seven years. However, even after issuing such a notice, an arrest under Section 35(6) is permissible only if new materials come to light that were not available to the police officer when the initial notice was issued.
The Court cautioned that the power of arrest under Section 35(6) should be exercised “rather sparingly.” Justices M.M. Sundresh and N. Kotiswar Singh presided over the case, Satender Kumar Antil v. CBI (III), citation 2026 LiveLaw (SC) 114.
Implications for Law Enforcement
This ruling reinforces the principle that arrest should be a last resort. Police officers are now directed to be “circumspect and slow” when considering an arrest under Section 35(6) following a Section 35(3) notice. The Court’s decision emphasizes that the circumstances existing at the time of the initial notice cannot be re-evaluated to justify a subsequent arrest.
Section 35(6) of the BNSS empowers police to arrest individuals who fail to comply with a Section 35(3) notice, which requires them to appear before a police officer or identify themselves.
Frequently Asked Questions
What does Section 35(3) of the BNSS require?
Section 35(3) of the BNSS requires a person to appear before a police officer or identify themselves to the police.
Under what circumstances can a person be arrested under Section 35(6) of the BNSS?
A person can be arrested under Section 35(6) of the BNSS if they fail to comply with a Section 35(3) notice, but only if the arrest is based on fresh materials not available when the Section 35(3) notice was issued.
What guidance did the Court provide to police officials regarding arrests under Section 35(6)?
The Court directed police officials to exercise their power of arrest under Section 35(6) “not as a matter of routine, but an exception,” and to be “circumspect and slow” in doing so.
As the legal landscape evolves, it remains to be seen how these clarifications will impact investigative practices and the balance between law enforcement authority and individual rights.
