New Delhi, Feb. 5 -- The Supreme Court has recently ruled that a prior notice to the accused person is mandatory for offenses that are punishable with imprisonment of up to seven years. The Supreme Court ruled that police officers must issue a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) before arresting a person, Bar&Bench reported.

A bench comprising Justices MM Sundresh and N Kotiswar Singh observed that the power of arrest is only a statutory discretion given to police to aid investigation and should not be treated as mandatory.

The court said, "A notice under Section 35(3) of the BNSS, 2023 to an accused or any individual concerned, qua offences punishable with imprisonment up to 7 years, is the rule....