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Prior Notice Before Arrest Mandatory in Offences Punishable up to 7 Years: Supreme Court

06 Feb 2026 4 min read
Prior Notice Before Arrest Mandatory in Offences Punishable up to 7 Years: Supreme Court

The Supreme Court of India has reiterated that arrest is not automatic in criminal cases punishable with imprisonment of up to seven years. The Court held that police officers must ordinarily issue a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 before arresting an accused, and arrest should be made only when it is absolutely necessary. The ruling strengthens safeguards against unnecessary arrests and reinforces personal liberty.…

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