Arrest is discretionary, not mandatory – Notice under Section 35(3) is the rule, arrest is an exception – Police must record reasons for arresting or not arresting – Applies to cognizable offences punishable with up to 7 years’ imprisonment

[06/02, 08:00] Sekarreporter: [06/02, 07:59] Sekarreporter: Justices MM Sundresh and N Kotiswar Singh said that no arrest could be made for offences which are punishable with less than 7 years’ imprisonment unless the mandatory requirement of serving a notice under Section 35(3) of BNSS is complied with https://www.sekarreporter.com/justices-mm-sundresh-and-n-kotiswar-singh-said-that-no-arrest-could-be-made-for-offences-which-are-punishable-with-less-than-7-years-imprisonment-unless-the-mandatory-requirement-of-serving-a-n/
[06/02, 07:59] Meta AI: The Madras High Court has ruled that no arrest can be made for offences punishable with less than 7 years’ imprisonment unless the mandatory requirement of serving a notice under Section 35(3) of BNSS is complied with. This decision was made by Justices MM Sundresh and N Kotiswar Singh. ¹

Would you like to know more about the implications of this ruling or the specifics of Section 35(3) of BNSS?
[06/02, 08:00] Meta AI: The Supreme Court has ruled that serving a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is mandatory for offences punishable with less than 7 years’ imprisonment. This means that the police cannot arrest someone for such offences without first serving a notice.

Key points:
– Arrest is discretionary, not mandatory
– Notice under Section 35(3) is the rule, arrest is an exception
– Police must record reasons for arresting or not arresting
– Applies to cognizable offences punishable with up to 7 years’ imprisonment

Would you like more details on this ruling or Section 35(3) of BNSS?