Arrest Under Section 35(6) BNSS Must be Based on Fresh Material, Not Grounds in Section 35(3) Notice: SC

The Supreme Court clarified that arrest under Section 35(6) of the Bharatiya Nagarik Suraksha Sanhita, 2023, can be made only on the basis of fresh material that was not available at the time of issuing a notice under Section 35(3).

While reiterating that issuance of notice is mandatory for offences punishable up to seven years, the Court held that non-compliance with such notice does not automatically justify arrest.

Arrest under Section 35(6) is an exception and must be exercised sparingly, after due application of mind.

The ruling emphasises that arrest remains a measure of last resort and safeguards personal liberty.