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BNSS Section 353 mandates that police must issue a notice and record written reasons before arresting a person accused of offences punishable by up to seven years, reinforcing the Arnesh Kumar guidelines to prevent arbitrary detention.
Bombay High Court reinforces that notices under BNSS Section 35(3) must strictly adhere to Supreme Court (Satender Kumar Antil) and High Court (Ajay Agrawal) guidelines for offences punishable with less than seven years' imprisonment. Non-compliance vitiates the notice and entitles the accused to interim protection.
Andhra Pradesh High Court reinforces that police must strictly adhere to BNSS Section 35(3) and Arnesh Kumar guidelines before arresting accused in offences punishable up to seven years. Non-compliance with procedural safeguards renders arrests arbitrary and liable to judicial intervention.
Madras High Court rules that police must issue a formal notice under BNSS Section 35(3) before summoning parties in civil dispute investigations, prohibiting coercive or harassing inquiries. The judgment mandates compliance with procedural fairness, ensuring parties are not subjected to undue police pressure without proper legal intimation.
Andhra Pradesh High Court reinforces that police must strictly follow Arnesh Kumar guidelines and BNSS Section 35(3) before arresting accused in offences punishable with imprisonment up to seven years, ensuring procedural safeguards against arbitrary detention. The ruling mandates prior scrutiny of necessity and proportionality of arrest, impacting law enforcement practices in non-heinous offences.
Uttarakhand High Court reinforces that Investigating Officers must issue a notice under BNSS Section 35(3) before arresting individuals in offences punishable up to seven years, aligning with the Arnesh Kumar guidelines. The ruling mandates procedural compliance, ensuring accused persons are not arbitrarily detained without prior notice, safeguarding natural justice in criminal investigations.
The Meghalaya High Court ruled that Section 35(3) of the BNSS, which mandates prior notice before arrest for offences punishable up to seven years, applies equally to spouses implicated alongside the primary accused. The court emphasized the parity principle, ensuring similar relief for co-accused already granted bail, reinforcing procedural safeguards in non-bailable offences.
The Andhra Pradesh High Court has ruled that a Look-Out Circular cannot be issued without serving mandatory notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita and proving a genuine flight risk. This decision anchors the right to travel as an essential facet of Article 21, setting a new procedural guardrail against arbitrary immigration restrictions by investigative agencies.
Telangana High Court reinforces that Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) mandates a notice before arrest for offences punishable with less than seven years, irrespective of the accused's non-cooperation. The ruling underscores that due process cannot be bypassed, even if the accused evades investigation, setting a critical precedent for arrest procedures under the new criminal law framework.
The Andhra Pradesh High Court has granted anticipatory bail to eight journalists facing criminal charges over their reporting, holding that professional journalism cannot be equated with criminal intent under BNSS Section 35(3). The ruling reinforces that law enforcement must apply the Arnesh Kumar safeguards to prevent arbitrary arrests of media personnel, setting a critical precedent for press freedom in criminal investigations.
Andhra Pradesh High Court grants anticipatory bail where investigation is nascent and no prima facie evidence links the accused to SHG loan fraud, holding that arrest under BNSS Section 35(3) requires concrete material evidence. The ruling underscores that mere allegations without incriminating material cannot justify coercive action, protecting personal liberty during early-stage investigations.
Telangana High Court rules that arrest under the POCSO Act without prior notice under BNSS Section 35(3) is illegal, emphasizing procedural safeguards for offences punishable by less than seven years. The ruling grants bail to the accused, reinforcing that gravity of allegations alone cannot override statutory arrest protocols.
Telangana High Court reinforces that police cannot register an FIR in civil disputes without a preliminary inquiry under BNSS Section 35(3). The ruling quashes an FIR in a land dispute, emphasizing due process and judicial oversight to prevent misuse of criminal proceedings for civil matters.
Telangana High Court rules that police must issue a notice and record written reasons before arresting accused in offences punishable by less than seven years under BNSS Section 35(3). The judgment reinforces that arrest is not automatic even during investigation, aligning with the Arnesh Kumar principles to prevent arbitrary detention and uphold due process for non-bailable offences.
Madhya Pradesh High Court holds that denying an accused the right to examine themselves as a defence witness under BNSS Section 353 violates fair trial rights under Article 21.