CrPC to BNSS
CrPC Section 41A in BNSS: Section 35(3)
Section 41A of the Code of Criminal Procedure, 1973 (Notice of appearance before police officer) corresponds to Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Last updated 9 October 2026
CrPC 41A and BNSS 35(3) at a glance
| CrPC (old) | BNSS (new) | |
|---|---|---|
| Section | 41A | 35(3) |
| Heading | Notice of appearance before police officer | Notice of appearance before police officer |
| Mapping | Direct equivalent | |
What CrPC Section 41A covered
Requires the police, where arrest is not required under Section 41(1), to issue a notice directing the person to appear. A person who complies is not to be arrested unless the officer records reasons.
What changed in BNSS Section 35(3)
The notice procedure is carried into BNSS Section 35, sub-sections (3) to (6), in substantially the same terms. What practitioners called a "41A notice" is now a Section 35(3) notice.
Which law applies: CrPC or BNSS?
The BNSS came into force on 1 July 2024. Under Section 531 of the BNSS, an appeal, application, trial, inquiry or investigation that was pending immediately before that date is to be disposed of, continued, held or made under the CrPC as if the BNSS had not come into force. Courts have had to decide how this applies to cases that straddle the date, so check current case law for your facts.
Read the full text of both provisions before you cite them. The official bare acts are published on India Code.
CrPC 41A: common questions
What is the new section for CrPC 41A?
CrPC Section 41A (Notice of appearance before police officer) corresponds to Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
What changed between CrPC 41A and BNSS 35(3)?
The notice procedure is carried into BNSS Section 35, sub-sections (3) to (6), in substantially the same terms. What practitioners called a "41A notice" is now a Section 35(3) notice.
Does CrPC Section 41A still apply to older cases?
The BNSS came into force on 1 July 2024. Under Section 531 of the BNSS, an appeal, application, trial, inquiry or investigation that was pending immediately before that date is to be disposed of, continued, held or made under the CrPC as if the BNSS had not come into force. Courts have had to decide how this applies to cases that straddle the date, so check current case law for your facts.
Related CrPC sections
- CrPC 41 to BNSS 35 · Arrest without warrant
- CrPC 154 to BNSS 173 · FIR
- CrPC 156 to BNSS 175 · Order to investigate
- CrPC 161 to BNSS 180 · Police statements
- CrPC 164 to BNSS 183 · Confession to Magistrate
- CrPC 167 to BNSS 187 · Remand and default bail
- CrPC 173 to BNSS 193 · Chargesheet
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Not legal advice. This comparison is a research starting point. A mapped section is not proof that two provisions are identical. Read both bare acts, check commencement and any later amendment, and have a qualified advocate review anything you intend to rely on. Settl is not a law firm.