Whereas affirming that issuance of a discover underneath Part 35(3) of the BNSS is necessary for offences punishable with imprisonment as much as seven years, the Supreme Courtroom clarified that an arrest underneath Part 35(6) may be made even after such discover solely based mostly on contemporary supplies that weren’t accessible to the police officer on the time the Part 35(3) discover was issued.
Part 35(6) BNSS empowers the police to arrest an individual who fails to adjust to Part 35(3) BNSS discover, i.e., to seem earlier than the police officer or fails to establish himself to the police.
“Whereas making an arrest underneath Part 35(6) of the BNSS, 2023, after the stage of issuing a discover searching for presence underneath Part 35(3) of the BNSS, 2023, the circumstances and components that have been in existence on the time of issuing the stated discover shall not be considered by a police officer whereas making an arrest subsequently. In different phrases,for effecting an arrest underneath Part 35(6) of the BNSS, 2023, it should be based mostly upon supplies and components which weren’t accessible with the police officer on the time of issuing a discover underneath Part 35(3) of the BNSS, 2023,” the Courtroom clarified.
The Courtroom cautioned that “the ability of arrest underneath Part 35(6) of the BNSS, 2023 is to be exercised reasonably sparingly.”
It could be famous that in Satender Kumar Antil v. CBI (II), 2025 LiveLaw (SC) 751, a bench comprising Justices M.M. Sundresh and N. Kotiswar Singh held that non-compliance with a discover underneath Part 35(3) of the BNSS doesn’t mechanically justify arrest. The Courtroom emphasised that arrest is a measure of final resort, to be exercised by the investigating company solely after making use of its thoughts to the need of arrest. Nonetheless, the bench didn’t study whether or not, whereas effecting an arrest underneath Part 35(6) of the BNSS, the police officer is required to depend on contemporary materials or components distinct from these thought of on the stage of issuing the Part 35(3) discover.
That is what exactly clarified by the bench in this ruling i.e., Satender Kumar Antil v. CBI (III), holding that “whereas making an arrest underneath Part 35(6) of the BNSS, 2023, after the stage of issuing a discover searching for presence underneath Part 35(3) of the BNSS, 2023, the circumstances and components that have been in existence on the time of issuing the stated discover shall not be considered by a police officer whereas making an arrest subsequently.”
Additionally, the courtroom issued a route to the police officers that their “energy of arrest underneath Part 35(6) learn with Part 35(1)(b) of the BNSS, 2023, pursuant to a discover issued underneath Part 35(3) of the BNSS, 2023 is just not a matter of routine, however an exception, and the police officer is predicted to be circumspect and sluggish in exercising the stated energy.”
Trigger Title: SATENDER KUMAR ANTIL VERSUS CENTRAL BUREAU OF INVESTIGATION
Quotation : 2026 LiveLaw (SC) 114
 BNSS must be done only in exceptional cases, the Court stated.){kind=link}