Ethics · 18 Jul 2026

BNSS Section 35 notice before arrest

Assertion (A): Under BNSS Section 35(3), police must issue a notice of appearance rather than arrest an accused immediately, for offences carrying up to seven years' imprisonment. Reason (R): India currently has a consistently implemented, statutory victim and witness protection framework that automatically activates once such a notice is issued. Which one of the following is correct in respect of the above two statements?

ABoth A and R are true and R is the correct explanation of A
BBoth A and R are true but R is NOT the correct explanation of A
CA is true but R is false
DA is false but R is true
About this question

Why in news

Six people were killed in Daivalaguda village, allegedly by a man out on anticipatory bail in a POCSO case, renewing scrutiny of the gap between India's liberty safeguards and the absence of victim protection.

Why for UPSC

This format directly probes a policy gap the article identifies explicitly, testing whether aspirants can distinguish a true procedural fact from a false assumption about complementary safeguards that do not actually exist.

Prelims summary

BNSS Section 35(3) mandates notice-before-arrest for offences under seven years, rooted in Arnesh Kumar guidelines; India lacks a consistently implemented statutory victim/witness protection framework for ordinary criminal cases.

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