Arrest Is an Exception, Not the Rule, for Offences Punishable up to 7 Years; S. 35(3) BNSS Notice Mandatory: Supreme Court

The Supreme Court of India has authoritatively held that service of notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 is mandatory in cases where a person is accused of committing an offence punishable with imprisonment up to seven years. The ruling makes it clear that arrest in such cases cannot be automatic and must follow strict statutory safeguards. Bench and Core Legal Question The judgment was delivered…