Notice Is the Rule, Arrest the Exception: Supreme Court Clarifies Arrest Powers Under BNSS, 2023
Introduction: A Liberty-Centric Recalibration of Criminal Procedure In a significant reaffirmation of personal liberty, the Supreme Court has held that no person accused of an offence punishable with imprisonment up to seven years should be arrested unless such arrest is absolutely warranted . Emphasising that issuance of notice to cooperate with investigation is the norm , the Court ruled that arrest must remain a rare and carefully justified exception . This judgment assumes heightened importance as it offers one of the first authoritative interpretations of arrest-related provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 , which replaced the Code of Criminal Procedure, 1973 (CrPC) with effect from 1 July 2024 . Background of the Case and Reference Before the Court The ruling was delivered by a bench comprising Justice MM Sundresh and Justice N Kotiswar Singh , while answering a reference concerning the scope and mandatory nature of Section 35 of the BNSS . The cor...