CRPC §41ABNSS §35

Notice of appearance before police officer

ModifiedConfidence: mediumStatus: cross checkedconsolidation context(observed)scope drift(observed)
Last updated 2026-05-01 · Input coverage: partial

Compiled by AI-assisted tools. Verify current status against official sources. Last updated: 2026-04-28.

Jump to section

Comparison

Old law
CRPC §41A
Notice of appearance before police officer

2[41A. Notice of appearance before police officer.—(1) 3[The police officer shall], in all cases where the arrest of a person is not required under the provisions of sub-section

(1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.

(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. 4[(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.]

New law
BNSS §35
When police may arrest without warrant

(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person—

(a) who commits, in the presence of a police officer, a cognizable offence;

(b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:— (i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence; (ii) the police officer is satisfied that such arrest is necessary— to prevent such person from committing any further offence; or for proper investigation of the offence; or to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing: Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.

(7) No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for less than three years and such person is infirm or is above sixty years of age.

What changedAI-inferred

Notice of appearance before police officer — BNSS 35(7) absorbs and strengthens.

Old position

CrPC 41A is concerned with Notice of appearance before police officer. 2[41A

New position

BNSS 35 modifies the framework. Topic: When police may arrest without warrant. Any police officer may without an order from a Magistrate and without a warrant, arrest any person

BNSS 35 modifies CrPC 41A. Notice of appearance before police officer — BNSS 35(7) absorbs and strengthens. BNSS 35 text: Any police officer may without an order from a Magistrate and without a warrant, arrest any person—(a) who commits, in the presence of a police officer, a cognizable...

Editorial deltaAI-indicated (source-linked)

The mapping crpc-41A -> bnss-35 reflects a consolidation: CrPC 41 (arrest-without-warrant) and CrPC 41A (notice-of-appearance-before-police-officer) are both consolidated into BNSS 35 under the same arrest-and-notice section. The visible BNSS 35 extract reproduces the CrPC 41 arrest layer including the (1)(a) and (1)(b) triggers and the necessity-conditions list. The CrPC 41A operative content - the police officer's duty to issue a notice of appearance where arrest is not required, the conditions for non-compliance, and the consequence (arrest under s.41) - is not visible in this extract; carry-forward of those provisions is in unseen BNSS 35 sub-sections.

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, CrPC 41A continues to apply. For matters from that date forward, BNSS 35 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.

Frequently asked

BNSS 35 (When police may arrest without warrant). The relationship is classified as modified — see the change-note above for the textual delta.

Sources

Cite this page

Newlaws.in, CRPC §41A → BNSS §35 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/41A.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.