A police notice to appear, sent only on WhatsApp, is not a valid notice under Section 35 of the BNSS.
Many people first learn that they are named in a criminal case from a WhatsApp message: a photograph of a notice, a few lines from an unknown number, and a warning that they will be arrested if they do not come to the police station. The fear is real, and so is the risk of doing the wrong thing in a hurry. This Law Update sets out first what to do, and then, in plain words, what the Hon'ble Supreme Court has said about notices sent on WhatsApp.
In 30 seconds
- Do not ignore the message, and do not panic. Treat it as information that the police may want you, not as a valid notice.
- Save it, and check it is genuine. Real police do not "arrest" anyone on a video call or ask for money to close a case.
- A Section 35 notice must be served in person, in the manner the BNSS lays down. WhatsApp, SMS and e-mail are not valid service.
- If you comply with a proper notice, you are ordinarily not arrested. The police must record reasons before arresting a person who is complying.
- If arrested, you must be told the grounds of arrest, your family must be informed, and you must be produced before a Magistrate within 24 hours.
- If you fear arrest, anticipatory bail can be sought; a Section 35 notice is no bar to it.
I got a police notice on WhatsApp. What should I do now?
Keep calm and do not ignore it. Save the message, check with the police station that it is genuine, and speak to an advocate before you reply or go. The WhatsApp message is not valid service, but it may mean a case exists, and a calm, recorded response protects you far better than silence or panic.
A practical checklist:
- Save everything. Take screenshots showing the sender's number, the date and the time; download any attachment; note the police station, case number, sections and the officer's name, if given.
- Check that it is genuine. Call the police station on its official number, found on the official police website, not the number in the message. A real notice names a case and a police station. A call that keeps you on video, says you are under "digital arrest", or asks for money is a fraud: do not pay, and report it on the national cyber-crime helpline 1930 or at cybercrime.gov.in.
- Speak to an advocate before replying. A short written reply can record that you received only a WhatsApp message, that you are not avoiding the investigation, and that you will appear when the notice is properly served, or on a date you propose. What to say depends on the case.
- If you decide to appear, go on the date, take identity proof and a copy of the message, and keep a record of the visit. You may meet your advocate during interrogation, though not throughout it (Section 38 BNSS).
- If arrest is threatened, consider an application for anticipatory bail. See our guide on anticipatory bail under Section 482 BNSS.
Why such care? Because, in the words of the Hon'ble Supreme Court, a Section 35 notice "could have an immediate bearing on the liberty of the individual" if it is not complied with. — Satender Kumar Antil v. CBI, 2025 INSC 909, order of 16 July 2025, para 38. Read the order
Is a Section 35 BNSS notice sent on WhatsApp valid?
No. The Supreme Court has held that a notice under Section 35 BNSS (formerly Section 41-A CrPC) must be served in the modes the BNSS prescribes, which means personal service. WhatsApp, SMS, e-mail or any other electronic message is not an alternative to it. Every State's police has been directed to follow this.
What a Section 35 notice is. For offences punishable with up to seven years, where arrest is not necessary, the police must issue a written notice directing the person to appear before them (Section 35(3)). It replaced Section 41-A CrPC and is the main protection against unnecessary arrest.
What the Court decided. On 21 January 2025, the Supreme Court directed all States and Union Territories to issue standing orders to their police that these notices be served only in the modes prescribed by law, and not through WhatsApp or other electronic means. The State of Haryana asked the Court to change that direction. On 16 July 2025, a Bench of Justice M.M. Sundresh and Justice N. Kotiswar Singh dismissed the application and confirmed the direction.
The Bench put its conclusion firmly: "Hence, when viewed from any lens, we are unable to convince ourselves that electronic communication" is a valid mode of service of a notice under Section 35 BNSS. — Satender Kumar Antil v. CBI, 2025 INSC 909, para 43. Read the order
Why did the Supreme Court say WhatsApp is not enough?
Because Parliament chose not to allow it. The BNSS permits electronic service of summons issued by a court, but Section 530, which lists what may be done electronically, does not include a police notice under Section 35. A notice whose breach can lead to arrest must reach the person in a form that leaves no doubt.
The State's argument. Haryana argued that since the BNSS now allows a court's summons to be served electronically, a police notice should be treated the same way, and that a notice to appear does not by itself affect anyone's liberty.
The Court's answer. A court's summons and a police notice are different. Section 530 BNSS allows trials, inquiries and proceedings, including the issue and service of a court's summons, to be held electronically; it does not extend to investigation by the police. The consequence of ignoring a Section 35 notice can be arrest under Section 35(6), and that consequence is why the manner of service matters.
What it means for you. If the only "notice" you have received is a WhatsApp message, you have not been served under Section 35. That is no reason to ignore it (see the checklist above), but it matters if the police later claim that you failed to comply.
The Hon'ble Supreme Court read the omission as deliberate: electronic service is not valid under Section 35 "since its conscious omission is a clear manifestation of the legislative intent." — Satender Kumar Antil v. CBI, 2025 INSC 909, para 43. Read the order
Can the police arrest me if I do not go?
If you comply with a properly served notice, the police must not arrest you unless they record reasons in writing why arrest is necessary (Section 35(5)). If you fail to comply with a properly served notice, the police may arrest you (Section 35(6)). Not responding to a WhatsApp message alone is not that failure.
The safeguards in Section 35:
- Arrest only when necessary. For offences punishable with up to seven years, the police must be satisfied that arrest is needed, for example to prevent a further offence, for proper investigation, or to prevent tampering with evidence, and must record their reasons.
- Compliance protects you. A person who appears and keeps appearing as directed is ordinarily not arrested.
- Elderly or infirm persons. For offences punishable with less than three years, a person who is infirm or above sixty cannot be arrested without the prior permission of an officer not below the rank of Deputy Superintendent of Police (Section 35(7)).
A word of caution. A WhatsApp message is not valid service, but it should not be treated as a reason to stay away. If you are willing to cooperate, say so in writing. A person who has shown willingness to cooperate stands on much stronger ground if the police later move to arrest.
These safeguards rest on the Supreme Court's warning in 2014, in the case that first insisted on the notice before arrest, that "Arrest brings humiliation, curtails freedom and cast scars forever." — Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. Read the judgment
What if the police arrest me anyway?
You must be told the grounds of arrest, your family or a person you name must be informed, and you must be produced before a Magistrate within 24 hours. You may consult an advocate. A bail application can then be made, and an arrest made without these safeguards can be challenged before the court.
Your rights on arrest:
- Grounds of arrest must be communicated to you (Section 47 BNSS; Article 22(1) of the Constitution).
- Information to a relative or friend you nominate about the arrest and the place of custody (Section 48 BNSS).
- Production before a Magistrate within 24 hours, excluding travel time (Section 58 BNSS).
- An advocate of your choice, and to meet the advocate during interrogation (Section 38 BNSS).
Then bail. Where the offence is bailable, bail is a matter of right. In other cases, a bail application is made before the Magistrate and, if refused, before the Sessions Court and the High Court.
The Hon'ble Supreme Court held in February 2025 that "If the grounds of arrest are not informed as soon as may be after the arrest, it would amount to a violation of the fundamental right of the arrestee guaranteed under Article 22(1)." — Vihaan Kumar v. State of Haryana, 2025 INSC 162. Read the judgment
In short
A WhatsApp message is a warning, not a notice. Save it, check it, take advice, and answer it in writing. A notice under Section 35 must reach you in person; when it does, comply with it, and the law protects you from unnecessary arrest. Where arrest is feared, anticipatory bail remains available.
This article provides general legal information, not legal advice for any particular case.
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Founding Advocate of Chanda Associates, Kolkata; former Judicial Officer, West Bengal Judicial Service. Writer and researcher. jewelchanda.com · About the advocates
This article is general legal information, not legal advice for any particular case. The law and court practice change; check the current position before acting.