Supreme Court Demolition Guidelines 2024: Notice, Hearing and Accountability
Explaining the 13 November 2024 demolition judgment, its procedural safeguards, exceptions and limits on punitive state action.
2026-10-298 minRead
Police sent a notice to appear (BNSS 35(3))
You received a written notice asking you to appear at a police station for an offence punishable up to 7 years.
Your rights
- For offences punishable up to 7 years, police generally issue a notice of appearance instead of arresting. — BNSS s.35(3); Arnesh Kumar v. State of Bihar (2014) 8 SCC 273
- If you comply with the notice and keep complying, you shall not be arrested for that offence unless police record reasons. — BNSS s.35(5)
- Arrest for offences under 3 years of a person who is infirm or above 60 needs permission of an officer not below DSP rank. — BNSS s.35(7)
What you can say
- "I have received the notice and will appear on the date mentioned."
- "May I have a copy of the notice and an acknowledgement of my appearance?"
Avoid
- Ignoring the notice — failure to comply can lead to arrest (BNSS s.35(6)).
- Signing a statement you have not read.
If your rights are not respected
- Keep proof of every appearance.
- If arrest is threatened despite compliance, consult an advocate about anticipatory bail (BNSS s.482).
Related free resources
General legal information, not legal advice. Summaries paraphrase the law; check the official text and consult an advocate for your situation.
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