Case Law Analysis
|Allahabad High Court
Section 35 BNSS | Police Must Issue Notice Before Arrest in SC/ST Act Cases, Per Arnesh Kumar Guidelines: Allahabad HC
The Allahabad High Court has ruled that police cannot arrest individuals under the SC/ST Act without first issuing a notice under Section 35 of the Bharatiya Nyaya Sanhita, aligning with the Arnesh Kumar safeguards against arbitrary detention. This sets a critical precedent for protecting accused persons from immediate custodial action in sensitive caste-based cases, reinforcing due process even where non-bailable offences are alleged.