Reaffirmation of Arnesh Kumar Guidelines Applied to BNSS Act Offences Punishable Up to Seven Years The High Court holds that offences under Section 316(4) of the BNSS Act, 2023, attract a maximum punishment of seven years and therefore mandate prior notice under Section 35(3) of the BNSS Act (analogous to Section 41A CrPC) before arrest. This decision follows and applies the Supreme Court’s Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 guidelines, providing binding direction to Investigating Officers within Uttarakhand.
Summary
| Category | Data |
|---|---|
| CNR | UKHC010126192025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | DISPOSED |
| Judgment Author | Hon’ble Mr. Justice Pankaj Purohit |
| Court | High Court of Uttarakhand |
| Bench | Single Judge Bench |
| Ratio Decidendi (3–8 sentences) |
The Court held that for offences under Section 316(4) of the BNSS Act, 2023—punishable up to seven years—an Investigating Officer must issue a prior notice under Section 35(3) of the BNSS Act (corresponding to Section 41A CrPC) before effecting any arrest. This requirement stems from the Supreme Court’s Arnesh Kumar guidelines, which aim to curb unnecessary arrests in offences carrying imprisonment of up to seven years. The Court directed strict compliance with the notice procedure and recorded that the petitioner must cooperate with the investigation. Failure to adhere to this procedure would render an arrest impermissible. |
| Judgments Relied Upon | Arnesh Kumar v. State of Bihar and Another, (2014) 8 SCC 273 |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Application of Arnesh Kumar guidelines; analogisation of Section 35(3) BNSS Act to Section 41A CrPC |
| Facts as Summarised by the Court | FIR No. 0237 of 2025 dated 04.08.2025 under Section 316(4) of the BNSS Act, 2023, registered at P.S. Raipur, District Dehradun; challenge to the FIR and plea seeking direction against arrest. |
| Citations | 2025:UHC:7226; (2014) 8 SCC 273 |
Practical Impact
| Category | Impact |
|---|---|
| Follows | Arnesh Kumar v. State of Bihar and Another, (2014) 8 SCC 273 |
What’s New / What Lawyers Should Note
- Confirms that Section 35(3) of the BNSS Act (akin to Section 41A CrPC) is mandatory for offences punishable up to seven years under Section 316(4).
- Reaffirms application of Arnesh Kumar guidelines beyond ordinary IPC offences to special statutes like the BNSS Act, 2023.
- Directs Investigating Officers to issue prior notice before arrest, providing a procedural safeguard against arbitrary detention.
- Clarifies that non-compliance with the notice requirement renders any subsequent arrest invalid.
- Emphasises the accused’s duty to cooperate once notice is served.
Summary of Legal Reasoning
- The petition was confined to seeking compliance with Arnesh Kumar guidelines on pre-arrest notice.
- Offence under Section 316(4) BNSS Act, 2023 attracts maximum imprisonment of seven years.
- Section 35(3) of the BNSS Act corresponds to Section 41A CrPC, mandating prior notice before arrest in such offences.
- The Court held that before resorting to arrest, the Investigating Officer must issue the prescribed notice.
- A direction was issued that the petitioner shall cooperate with the investigation once notice is received.
- Criminal writ petition disposed of with these directions.
Arguments by the Parties
Petitioner
- Invoked Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 to require prior notice before arrest.
- Sought a direction restraining arrest under FIR No. 0237/2025 unless notice under Section 35(3) BNSS Act is issued.
Factual Background
The petitioner challenged FIR No. 0237 of 2025 dated 04.08.2025 registered under Section 316(4) of the BNSS Act, 2023, at P.S. Raipur, District Dehradun. The writ petition under Article 226 sought a direction that the Investigating Agency comply with Arnesh Kumar guidelines and issue a prior notice before any arrest. The Court noted the statutory punishment ceiling and issued directions for pre-arrest notice under Section 35(3) of the BNSS Act (Section 41A CrPC), while disposing of the petition.
Statutory Analysis
- Section 316(4), BNSS Act, 2023: Offence punishable with imprisonment up to seven years.
- Section 35(3), BNSS Act, 2023: Requires prior notice before arrest for offences punishable up to seven years (analogue of Section 41A CrPC).
- Section 41A, CrPC: Mandates notice and hearing before arrest in offences with maximum imprisonment not exceeding seven years.
Alert Indicators
- ✔ Precedent Followed – Arnesh Kumar guidelines consistently applied to special statute offences.
Citations
- 2025:UHC:7226
- Arnesh Kumar v. State of Bihar and Another, (2014) 8 SCC 273