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Reply to Police Notice under Section 35(3) BNSS Format (Old 41A CrPC)

Section 35(3) to (7), Bharatiya Nagarik Suraksha Sanhita, 2023 [old Section 41A CrPC]; Section 38 BNSS [old Section 41D CrPC]

Free sample · Word, print and copy · Updated

Sample format, not legal advice. This is a sample format for general information. It is not legal advice and does not create a lawyer–client relationship. Facts, court practice, court fees and stamp duty differ by state and by case. Check the current law and your local court rules, or speak to an advocate, before you file, send or sign it.

A notice under Section 35(3) BNSS (old Section 41A CrPC) directs a person accused of a cognizable offence to appear before the police when the police have decided that arrest is not necessary. It is the rule, not the exception, for offences punishable with imprisonment of up to seven years. A short written reply acknowledges the notice, confirms that you will appear, or asks for another date for a genuine reason, and creates a record that you are co-operating.

Compliance matters. Under Section 35(5) BNSS a person who complies and continues to comply shall not be arrested for that offence unless the officer records reasons; under Section 35(6), failure to comply can lead to arrest. In Satender Kumar Antil v. CBI the Supreme Court held (January 2026) that arrest after a Section 35(3) notice is an exception, and earlier (July 2025) that serving the notice through WhatsApp or other electronic means is not valid service. This reply is different from a reply to a court summons, which is answered by appearing in court.

Sent to
The investigating officer or SHO who issued the notice
Sent by
The person named in the notice (an advocate may help draft it)
Law
Section 35(3)–(6) BNSS; Section 35(7) BNSS for the elderly and infirm; Section 38 BNSS on advocate during interrogation
Time limit
Before the date of appearance in the notice — ideally within a day or two of receipt
Fee
None
Proof
Hand-deliver and get a receiving, or send by Speed Post and email and keep the tracking report

When to use this format

  • You have received a written notice under Section 35(3) BNSS (or one still titled Section 41A CrPC) to appear at a police station.
  • You will appear and want a written record of your acknowledgement and co-operation.
  • You cannot attend on the given date because of illness, travel, an examination or a court date, and want another date.
  • You want to ask for a copy of the FIR, or for the documents the officer wants you to bring to be specified.
  • If you fear arrest despite complying, consider an anticipatory bail application.

Acknowledgement and reply to notice under Section 35(3) BNSS

Open PDF

Replace everything in [square brackets] with your own details. Delete lines that do not apply.

To,
[NAME OF INVESTIGATING OFFICER, IF STATED IN THE NOTICE]
[RANK], Investigating Officer
Police Station [NAME OF POLICE STATION]
[ADDRESS]
[DISTRICT], [STATE]

Date: [DATE]

Subject: Acknowledgement of and reply to notice dated [DATE OF NOTICE] under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in FIR No. [FIR NUMBER] dated [DATE OF FIR], Police Station [NAME], under Sections [SECTIONS]

Sir / Madam,

1. I, [FULL NAME], S/o / D/o / W/o [FATHER'S OR SPOUSE'S NAME], aged about [AGE] years, R/o [FULL ADDRESS], acknowledge receipt of your notice dated [DATE OF NOTICE], which was served on me on [DATE OF SERVICE] by [MODE — e.g. personal delivery by Constable [NAME] / post]. The notice directs me to appear before you on [DATE] at [TIME] at [PLACE].

2. I respect the process of investigation and will co-operate with it. I deny the allegations made against me, and nothing in this letter is an admission of any of them.

[USE OPTION A OR OPTION B, AND DELETE THE OTHER]

3. [OPTION A — APPEARANCE] I shall appear before you on [DATE] at [TIME] at [PLACE], as directed, and shall continue to comply with the terms of the notice.

3. [OPTION B — REQUEST FOR ANOTHER DATE] I am unable to appear on [DATE] because [GENUINE REASON — e.g. I am under medical treatment at [HOSPITAL] till [DATE], as per the enclosed certificate / I have a hearing before [COURT] on that date / I am travelling for [REASON] till [DATE]]. I request you to fix another date on or after [DATE]. I undertake to appear on the date so fixed, and I am not avoiding the investigation.

4. To enable me to assist the investigation, I request that:
(a) a copy of the FIR be given to me, if not already available to me; and
(b) any document or article you require me to produce be specified in writing, so that I can bring it.

5. [IF APPLICABLE] I am [AGE] years old / I suffer from [CONDITION], and the offence alleged is punishable with imprisonment of less than three years. I request that this be noted in view of Section 35(7) of the Sanhita.

6. I request that my appearance on each date be recorded, and that a written acknowledgement of my appearance be given to me.

7. I may be contacted at the mobile number and address given below for any further communication.

Yours faithfully,

[SIGNATURE]
[FULL NAME]
[ADDRESS]
Mobile: [MOBILE NUMBER]
Email: [EMAIL, IF ANY]

Enclosures:
1. Copy of the notice dated [DATE]
2. [MEDICAL CERTIFICATE / COURT CAUSE LIST / TRAVEL TICKET — IF SEEKING ANOTHER DATE]

RECEIVING (to be filled at the police station)
Received on [DATE] at [TIME]
Name, rank and signature of receiving officer: [NAME AND RANK]

ACKNOWLEDGEMENT OF APPEARANCE (to be signed by the officer on each appearance)
[NAME] appeared before me on [DATE] at [TIME] in compliance with the notice dated [DATE].
Signature, name and rank of officer: [NAME AND RANK]

How to fill it in

  1. Check the noticeConfirm it carries the police station seal, the officer's name and rank, the FIR or diary number, the sections and the date, time and place of appearance. If anything looks wrong, call the police station on an independently found number.
  2. Choose Option A or BUse Option A if you will appear. Use Option B only for a genuine reason backed by a document; a bare request for adjournment looks like avoidance.
  3. Keep the denial shortParagraph 2 records that you deny the allegations without arguing the case. Your defence belongs in your statement and, later, in court.
  4. Deliver it with proofHand it in at the police station and get the receiving signed, or send it by Speed Post and email. Keep the tracking report.
  5. Appear on timeCarry the original notice, a photo ID and the documents asked for. You may take an advocate; under Section 38 BNSS you may meet your advocate during interrogation, though not throughout it.
  6. Get each appearance recordedAsk the officer to sign the acknowledgement of appearance on your copy. If the officer refuses, write to the SHO the same day confirming the date and time you appeared.

Documents to attach

  • Copy of the notice received
  • Photo identity proof
  • Medical certificate, cause list or ticket, if asking for another date
  • Documents the notice asks you to produce
  • Copy of the FIR, if available
  • Proof of delivery of the reply (receiving, Speed Post receipt, email copy)

What the law says about the notice

Section 35(3) BNSS requires the police to issue a notice of appearance in all cases where arrest is not required under Section 35(1). Section 35(4) makes it your duty to comply. Under Section 35(5), if you comply and continue to comply, you shall not be arrested for that offence unless the officer records reasons. Under Section 35(6), if you fail to comply or refuse to identify yourself, the officer may arrest you, subject to any court order. Section 35(7) adds that for an offence punishable with less than three years, a person who is infirm or above sixty cannot be arrested without the prior permission of an officer not below the rank of Deputy Superintendent of Police.

Common mistakes

  • Ignoring the notice or missing the date without writing first.
  • Sending a relative or advocate in your place — the notice requires you personally.
  • Asking for adjournments again and again without proof of the reason.
  • Signing a statement at the police station without reading it.
  • Making admissions in the reply in an effort to explain the whole dispute.
  • Keeping no proof of the reply or of each appearance.

Frequently asked questions

Can I be arrested after I comply with a Section 35 BNSS notice?
Only in exceptional cases. Section 35(5) BNSS bars arrest of a person who complies, unless the officer records reasons. In Satender Kumar Antil v. CBI (2026) the Supreme Court held that arrest after a Section 35(3) notice is not a matter of routine and must be a strict necessity for the investigation.
Is a notice sent on WhatsApp valid?
The Supreme Court in Satender Kumar Antil v. CBI (orders of 21 January 2025 and 16 July 2025) held that service of a Section 35 BNSS / Section 41A CrPC notice through WhatsApp or other electronic means is not a valid mode of service. Even so, it is wise to respond in writing and seek proper service rather than ignore it.
Can my lawyer come with me?
Yes. Under Section 38 BNSS [Section 41D CrPC] a person arrested and interrogated may meet an advocate of his choice during interrogation, though not throughout it. In practice, advocates usually accompany persons appearing on a notice and wait outside the interrogation room.
Can I ask for another date?
Yes, for a genuine reason such as illness or a court date, preferably before the scheduled date and with a supporting document. Offer specific dates when you will be available.
Do I need anticipatory bail after receiving a notice?
Not necessarily. The notice itself means the police have decided not to arrest you for now. Anticipatory bail is worth considering if the offence is serious, the notice is unclear, or there are signs that the police may arrest you anyway.

Reminder: This is a sample format for general information. It is not legal advice and does not create a lawyer–client relationship. Facts, court practice, court fees and stamp duty differ by state and by case. Check the current law and your local court rules, or speak to an advocate, before you file, send or sign it. Spotted an error? Tell us.