07/02/2026
⚖️ SUPREME COURT ON ARREST POWERS UNDER BNSS, 2023 ⚖️
In a significant ruling, the Supreme Court has clarified the scope of Sections 35(3) & 35(6) of the BNSS, 2023.
Key Takeaways:
- For offences punishable up to 7 years, issuing a notice under Section 35(3) is mandatory.
- Even after issuing notice, arrest under Section 35(6) is permissible only on the basis of fresh material
👉 not on facts already existing at the time of issuing notice.
- Mere non-compliance of notice does not automatically justify arrest.
- Arrest must remain a last resort, to be exercised sparingly and with caution.
The Court made it clear:
Police cannot rely on old circumstances to justify arrest after issuing notice.
New materials or factors are mandatory. This ruling clarifies and strengthens the principles laid down earlier in Satender Kumar Antil v. CBI (II).
📜 Cause Title:
Satender Kumar Antil v. Central Bureau of Investigation
⚖️ A strong reaffirmation of personal liberty & rule of law.
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