Received a Section 35 BNSS Notice from Gurugram Cyber Police? Here's What To Do

A notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — the successor to the old Section 41A CrPC notice — has started landing in a lot of inboxes and WhatsApp messages from the Gurugram Cyber Police Station. If you've received one, the first thing to understand is that it is not an FIR against you, and it is not an arrest. But it also isn't something to ignore. Here's a clear, practical breakdown of what the notice means and what you should do next.

What is a Section 35 BNSS notice?

Section 35 of the BNSS deals with the power of police to arrest without a warrant. Sub-section (3) carves out a safeguard: for offences punishable with imprisonment of less than seven years, if the police officer does not think immediate arrest is necessary, they must instead issue a written notice directing the person to appear before them or at the police station. This is the direct replacement for the old Section 41A CrPC notice that most lawyers and litigants are already familiar with.

In practice, Gurugram Cyber Police issues this notice to:

• Bank account holders whose accounts received "mule" or fraud-linked money and are now under the scanner
• People named by a complainant or victim during investigation of an online fraud, UPI scam, or investment/trading scam FIR
• Individuals whose SIM, IP address, or device details surfaced during technical investigation
• Witnesses or associates of an accused whose statement is needed to complete the chargesheet

What the notice legally requires — and what it doesn't

The notice will cite the FIR number, the police station, and the date/time you're expected to appear. Two things matter here:

1. You are legally obligated to comply with a validly issued notice. Non-compliance, or wilfully evading it, can itself become grounds for the police to arrest you under Section 35(1) — the very outcome the notice was meant to avoid.
2. Receiving the notice does not, by itself, mean you are the accused. Many people who get this notice turn out to be witnesses, or account holders who were themselves victims of a mule-account racket. The notice is an investigative tool, not a verdict.

Common mistakes people make

• Ignoring it or hoping it goes away. It won't — and non-appearance gives the IO a legitimate reason to seek a warrant or make an arrest.
• Going alone without reviewing the FIR first. What you say at the police station in response to a Section 35(3) notice becomes part of the record. Statements given without legal advice are difficult to walk back later.
• Assuming a lawyer can't be present. Under Section 41D CrPC (carried forward as Section 38 BNSS), a person has the right to consult a lawyer during interrogation, even if not in the same room throughout.
• Not checking whether the account is also frozen. Cyber notices and bank account freezes often arrive together — if your account has also been lien-marked, that needs separate, parallel action; see our page on getting a frozen bank account released in Gurgaon.

Steps to take as soon as you receive the notice

1. Do not respond on WhatsApp or call back informally. Verify the notice is genuine — check the FIR number and police station against official cybercrime portals, since fake "digital arrest" style scams also mimic these notices.
2. Get the FIR copy and case details before the appearance date, so your response is prepared rather than reactive.
3. Consult a criminal lawyer immediately — ideally one who regularly appears before the Gurugram Cyber Police Station and knows the investigating officers and the local practice.
4. Prepare documentation — bank statements, KYC records, transaction proofs, or anything establishing your version of events — before you walk in.
5. If arrest looks likely despite the Section 35(3) notice, apply for anticipatory bail in advance rather than waiting to be taken into custody.

How Advocate Rajat Kadyan can help

As a cyber crime lawyer in Gurgaon, Advocate Rajat Kadyan regularly represents individuals who've received Section 35(3)/41A-style notices from the Gurugram Cyber Police Station and Cyber Police Station Sector-108. That work typically covers:

• Reviewing the FIR and notice to establish whether you're a witness, suspect, or wrongly implicated account holder, and what exposure actually exists
• Accompanying you to the police station for the Section 35(3) appearance, so your statement is made correctly and on record
• Negotiating and coordinating with the Investigating Officer on timelines, especially where the person is out of station or needs a short adjournment
• Filing anticipatory bail under Section 482 BNSS where the facts suggest a real risk of arrest — see our page on regular and anticipatory bail in Gurgaon for how that process works
• Getting frozen or lien-marked bank accounts released where the notice is tied to a mule-account complaint

If you or a family member has received a Section 35 BNSS notice from the Gurugram Cyber Police, it's worth having it reviewed before your appearance date rather than after. You can read more about the practice on the about page, or check common questions on the FAQ page.