A police notice can arrive on paper, by phone or through a messenger. It may ask you to appear as an accused person, or as a witness. The two are very different, and so are your rights.
Notice to an accused person (Section 35 BNSS)
Where the police do not consider arrest necessary — typically for offences punishable with imprisonment of up to seven years — they issue a notice requiring the person to appear. Following the Supreme Court's guidance in Arnesh Kumar v State of Bihar (2014), arrest in such cases should not be routine.
If you comply with the notice and continue to comply, you are not to be arrested for that offence unless the police record reasons that arrest is necessary. If you fail to comply, the police may arrest you.
For offences punishable with less than three years, a person who is infirm or above 60 years of age cannot be arrested without the prior permission of an officer not below the rank of Deputy Superintendent of Police.
Called as a witness (Section 179 BNSS)
The police can require a person acquainted with the facts to attend for questioning as a witness. Women, males under 15 or above 65, and persons who are mentally or physically disabled or acutely ill cannot be required to attend anywhere other than where they live.
When you go
- Take the notice, an identity document and copies of any papers you want to give.
- Keep a list of documents you hand over and ask for a receipt.
- You can meet an advocate during interrogation, though not throughout it (Section 38 BNSS).
- You are not bound to answer questions that would expose you to a criminal charge.
- Read any statement carefully before signing it.
Do I still need anticipatory bail?
Complying with a notice gives significant protection, but it does not remove the power to arrest for recorded reasons. Where there is a real apprehension of arrest, anticipatory bail can still be sought.
Frequently asked questions
Can I be arrested when I go to the police station in response to a notice?
If you comply, the law says you should not be arrested unless the police record reasons that arrest is necessary. The protection is strong but not absolute.
The police called me by phone. Is that a valid notice?
A Section 35 notice should be in writing. Ask for the written notice, and note the officer's name, rank and police station.
Can I take a lawyer with me?
You can meet your advocate during interrogation, though the advocate may not be present throughout it.
Last reviewed: 2026-10-15. This page gives general information about criminal procedure in Jammu and Kashmir. It is not legal advice, and every case turns on its own facts. Statutory references are to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Bharatiya Nyaya Sanhita, 2023 (BNS), with the earlier CrPC/IPC provisions in brackets where helpful.