Clarification that prior notice under Section 35(3) of the BNSS Act (analogous to Section 41A CrPC) is mandatory before arrest for offences up to seven years, affirming Arnesh Kumar (2014) as binding precedent for investigating agencies under the BNSS Act.
Summary
| Category | Data |
|---|---|
| Case Name | WPCRL/879/2025 of SHEESHRAJ SINGH AND ANR Vs STATE OF UTTARAKHAND |
| CNR | UKHC010125642025 |
| Date of Registration | 13-08-2025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | DISPOSED |
| Judgment Author | Hon’ble Mr. Justice Pankaj Purohit |
| Court | High Court of Uttarakhand |
| Bench | Single Judge |
| Precedent Value | Binding on Investigating Agencies under the BNSS Act |
| Overrules / Affirms | Affirms existing precedent |
| Type of Law | Criminal Procedure; Statutory Interpretation |
| Questions of Law | Whether offences punishable up to seven years under the BNSS Act require prior notice under Section 35(3) before arrest |
| Ratio Decidendi |
The court held that offences under Sections 115(2), 191(2), 329(3), 351(2) and 352 of the BNSS Act, each punishable with up to seven years’ imprisonment, fall within the scope of Section 35(3) of the BNSS Act (mirroring Section 41A CrPC). It affirmed that prior notice must be issued before any arrest or coercive measure, in line with the guidelines laid down in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. The decision underscores the necessity of safeguarding personal liberty by preventing unnecessary arrests and mandates cooperation by the accused once notice is issued. |
| 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; analogy between Section 35(3) BNSS Act and Section 41A CrPC |
| Facts as Summarised by the Court | Petitioners challenged FIR No.0333/2025 dated 05.07.2025 under Sections 115(2), 191(2), 329(3), 351(2) and 352 of the BNSS Act registered at PS Kotwali Jwalapur, Haridwar; they sought compliance with Arnesh Kumar notice requirements before arrest. |
| Citations | 2025:UHC:7223; (2014) 8 SCC 273 |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | Investigating Officers under the BNSS Act |
| Follows | Arnesh Kumar v. State of Bihar and Another, (2014) 8 SCC 273 |
What’s New / What Lawyers Should Note
- Clarifies that offences under the BNSS Act punishable up to seven years require issuance of prior notice under Section 35(3) (parallel to Section 41A CrPC) before arrest.
- Confirms that Arnesh Kumar (2014) guidelines on avoiding unnecessary arrests apply to the BNSS Act framework.
- Establishes that once notice is served, the accused must cooperate with the investigation to avoid coercive measures.
Summary of Legal Reasoning
- Offences under Sections 115(2), 191(2), 329(3), 351(2) and 352 of the BNSS Act carry maximum punishment of seven years, invoking Section 35(3) of the BNSS Act.
- Section 35(3) BNSS Act is analogous to Section 41A CrPC, requiring notice before arrest.
- Arnesh Kumar guidelines (2014) mandate safeguards against unnecessary arrests to protect personal liberty.
- Therefore, investigating officers must issue prior notice under Section 35(3) before any coercive action; petitioners must cooperate post-notice.
Arguments by the Parties
Petitioner
The investigating agency must comply with Arnesh Kumar guidelines and Section 35(3) BNSS Act (analogous to Section 41A CrPC) by issuing prior notice before arrest.
Factual Background
Petitioners moved a criminal writ petition challenging FIR No.0333/2025 dated 05.07.2025 under Sections 115(2), 191(2), 329(3), 351(2), and 352 of the BNSS Act, registered at PS Kotwali Jwalapur, Haridwar. They contended that since the alleged offences carry up to seven years’ punishment, the Investigating Officer must issue a notice under Section 35(3) before making any arrest. The High Court, after hearing on 18.08.2025, disposed of the petition directing compliance with the notice requirement.
Statutory Analysis
- Section 35(3) of the BNSS Act: Requires prior notice before arrest for offences punishable up to seven years.
- Analogy drawn to Section 41A CrPC.
- Judicial enforcement of Arnesh Kumar (2014) safeguards in BNSS Act investigations.
Procedural Innovations
- Mandates procedural compliance with Section 35(3) BNSS Act (notice requirement) akin to Section 41A CrPC before arrest in offences up to seven years.
Alert Indicators
- ✔ Precedent Followed – The decision reaffirms and applies the Arnesh Kumar (2014) guidelines to the BNSS Act.
Citations
- 2025:UHC:7223
- Arnesh Kumar v. State of Bihar and Another, (2014) 8 SCC 273