Karnataka Police Circular on Section 35 BNSS: Operational Duties, Arrest Protocols and Liberty Safeguards

Background and Context

The Government of Karnataka, Police Department, through Circular No. L&O/MISC/178/2026 dated 11.09.2026, has laid down detailed instructions to ensure strict adherence to Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and to the law declared by the Hon’ble Supreme Court on arrest, issuance of notice, and protection of personal liberty.

This circular is a direct consequence of:

  • Order dated 29.08.2026 passed by the Hon’ble High Court of Karnataka in W.P. No.25680/2026 (GM-RES), Sri Mohan Gowda v. State of Karnataka and Another, and
  • Govt. Letter No. HD 457 CWP 2026 dated 01.09.2026.

The Hon’ble High Court directed the Director General & Inspector General of Police to formulate and circulate appropriate guidelines to all Police Stations and formations in the State, ensuring that the legal position on notice and arrest under Section 35 BNSS is properly understood and implemented in day-to-day policing.

The circular also draws heavily from the interpretation of Section 35 BNSS by the Hon’ble Supreme Court of India in Satender Kumar Antil —Vs- CBI, 2025 SCC Online SC 1578, particularly paragraphs 32 and 33 of the judgment in SPL (Crl) No.5191 of 2021.

While earlier circulars and Standard Operating Procedures (SOPs) had already been issued on Section 35 BNSS, the present circular consolidates and reiterates those directions in the light of the latest judicial pronouncements and mandates their scrupulous implementation.

Scope of Section 35 BNSS and Power of Arrest

Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 authorises a police officer to arrest a person without warrant in certain cognizable cases. However, this power is not absolute.

  • Under Section 35(1)(b), the power to arrest in cases where the offence is punishable with imprisonment up to or less than seven years is subject to specific qualifying conditions.
  • The police officer must evaluate the necessity of arrest against the statutory criteria laid down in the provision.

Accordingly, if a police officer, on receipt of a complaint, credible information or during investigation, suspects the commission of an offence punishable with imprisonment up to seven years, then:

  • Arrest is not automatic.
  • The officer must apply the principles embedded in Section 35(1)(b) and related sub-sections, and exercise the power to arrest judiciously, only if the legislative conditions are satisfied.

Supreme Court’s Interpretation in Satender Kumar Antil —Vs- CBI

The circular reproduces and adopts the reasoning of the Hon’ble Supreme Court in Satender Kumar Antil —Vs- CBI, where Section 35 BNSS was closely examined.

In paragraph 32, the Hon’ble Supreme Court held:

“The power of arrest under Section 35 (6) read with Section 35(1) (b) of the BNSS,2023 must be interpreted as a strict objective necessity, and not a subjective convenience for the police officer. It does not mean the police officer can arrest to simply ask questions. However, it means that the police officer must satisfy himself that the investigation, qua an offence punishable with imprisonment up to 7 years, cannot proceed effectively without taking the concerned individual into custody. Any interpretation to the contrary would clearly frustrate the purpose and legislative intent of Sections 35 (1) (b) and Sections 35 (3) to 35 (6) of the BNSS, 2023.”

In paragraph 33, the Court summarised its conclusions as follows: