#BNSS Section 35

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.

Allahabad HC rules that arrest under BNSS Section 35 for offences punishable by less than 7 years requires strict compliance with conditions, citing Arnesh Kumar and Satender Kumar Antil.

Telangana High Court rules that arrest in offences punishable by up to seven years requires strict adherence to BNSS Section 35(3) and Arnesh Kumar guidelines, reinforcing procedural safeguards as mandatory. The judgment directs investigating officers to issue notices and ensure cooperation without automatic arrest, impacting pre-arrest bail jurisprudence under the new criminal laws.