--- title: "Section 35 or 94 BNSS Cyber Cell Notice: How to Respond" description: "Section 35(3) vs 94 BNSS cyber cell notice: appearance vs documents, 7-year rule, arrest risk and how to reply, as the Supreme Court clarified in July 2025." url: "https://advaslam.com/writing/cyber-cell-notice-section-35-vs-94-bnss/" image: "https://advaslam.com/og/writing/cyber-cell-notice-section-35-vs-94-bnss.png" --- [Cyber crime & IT Act matters](https://advaslam.com/practice/cyber-crime/) # Got a Notice from Cyber Cell Under Section 35 or 94 BNSS? What It Means and How to Respond By [**Adv. K J Muhammed Aslam**](https://advaslam.com/profile/) · Advocate, Ernakulam (Bar Council of Kerala) Published 3 September 2026 A message titled “Show Cause / Notice / Summon” from a cyber cell mentioning **Section 35(3) BNSS** or **Section 94 BNSS** is not the same thing — and responding as if it is creates the very risk the notice was designed to avoid. **Section 35(3) BNSS** (old Section 41A CrPC) is a **notice of appearance** that protects you from arrest if you comply; **Section 94 BNSS** (old Section 91 CrPC, now expanded to electronic devices) is a **summons to produce documents or devices**. One compels your presence, the other compels material. The Supreme Court’s **21 January and 16 July 2025 orders in *Satender Kumar Antil v. CBI* (2025 LiveLaw SC 751)** made two points definitive: Section 35 notice is the **rule** for offences up to seven years, and it **cannot be served on WhatsApp**. ## How do Section 35 and Section 94 BNSS compare in one view? | Feature | **Section 35(3) BNSS** — Notice of appearance | **Section 94 BNSS** — Summons to produce | | --- | --- | --- | | **Old law** | Sections 41 & 41A CrPC consolidated into one Sec 35 | Section 91 CrPC (now expressly includes electronic communication / devices) | | **Purpose** | Require a person to **appear and cooperate** where arrest not required | Require a person to **produce a document, electronic record or device** likely to contain digital evidence | | **When used** | Cognizable offences, especially **punishable up to 7 years** where Arnesh Kumar / Satender Kumar Antil applies | Any investigation/inquiry/trial where a document/thing is necessary or desirable | | **Form of service** | **Physical service only** — WhatsApp/email invalid (SC 16 Jul 2025) — Chapter VI BNSS | **Physical *or* electronic form** (Sec 94(1) expressly so) | | **What compliance means** | Appear on date/place, cooperate; Sec 35(4)-(5) shield against arrest while compliant | Produce the document/thing at stated time/place; deemed complied if you cause production without personal attendance (Sec 94(2)) | | **Non-compliance** | Can ground arrest under Sec 35(6), subject to any court order | Can lead to coercive steps under BNSS; separate non-compliance provisions | | **Arrest risk** | Directly engaged — compliance is the shield | Indirect — failure to produce can be treated as non-cooperation in the broader case | | **Cyber example** | “Your account credited ₹47,000 on 12 Mar 2025 — appear on 09 Sep 2025” | “Produce account statement 01 Jan – 31 Aug 2025 and device IMEI 35-XXXX” | ## Is a Section 35 BNSS notice bad news or good news? **Good news, if you handle it correctly.** The Supreme Court in *Satender Kumar Antil v. CBI* (21 Jan 2025, confirmed 16 Jul 2025) framed Section 35 as a **liberty-protecting filter**: > For offences punishable up to seven years, **notice under Section 35(3) is the rule, arrest is the exception** — the officer must have reason to believe you committed the offence *and* be satisfied arrest is necessary for a statutory purpose (prevent further offence, proper investigation, tampering, threat to witnesses, or securing presence), with reasons recorded under the proviso to Section 35(1). Section 35(3)-(6) then sets the sequence: - **Sec 35(3):** Officer issues notice directing you to appear before him at a specified place. - **Sec 35(4):** It is your **duty to comply** with the notice terms. - **Sec 35(5):** If you comply and continue to comply, you **shall not be arrested** for the offence in the notice, unless the officer, for reasons recorded, forms the opinion that you ought to be arrested. - **Sec 35(6):** If you **fail to comply** with the notice at any time, or are unwilling to identify yourself, the officer may arrest you for the offence mentioned in the notice, subject to any order a competent court has passed. Two limits added by the BNSS text are often missed: **Section 35(7)** bars arrest of a person above 60 or infirm in offences punishable with less than three years without prior approval, and the **proviso** requires written reasons for *both* arrest and non-arrest. ## How must a Section 35 notice be served — and what about WhatsApp? The **Delhi High Court** (*Rakesh Kumar v. Vijayanta Arya (DCP)*, 2021 SCC Online Del 5629; *Amandeep Singh Johar v. State (NCT of Delhi)*, 2018 SCC Online Del 13448) and then the **Supreme Court (16 Jul 2025, 2025 INSC 909, IA 63691/2025)** settled this after a wave of WhatsApp “notices”: - **Sections 63-64 BNSS** (court summons) *do* allow electronic service when bearing the court’s seal. - **Section 71 BNSS** (witness summons) expressly allows electronic service. - **Section 35 BNSS deliberately omits** electronic service. The Legislature *did* allow electronic communication for investigations elsewhere — **Section 94(1)** (summons to produce may be “in physical form *or in electronic form*”) and **Section 193(3)** (police report forwarded electronically to Magistrate) — but **consciously excluded** Section 35. - The Court held: non-compliance with a court summons does not immediately affect liberty; **non-compliance with a Section 35 notice can lead to arrest under Section 35(6)** and therefore engages **Article 21**. Electronic service of a liberty-affecting executive notice is not a valid substitute. **What that means for you:** A PDF on WhatsApp titled “Section 35 Notice” with no physical service is **legally deficient**. Preserve the message, note the mode of delivery, but respond on the basis that you have *knowledge* of the case and seek proper service and time to appear — do not ignore it as if it were nothing, and do not treat the WhatsApp itself as valid service. ## What does a Section 94 BNSS summons actually cover now? Section 94(1) is materially wider than old Section 91: > “Whenever any Court or any officer in charge of a police station considers that the production of **any document, electronic communication, including communication devices, which is likely to contain digital evidence** or other thing is necessary or desirable… such Court may issue a summons or such officer may, by a **written order, either in physical form or in electronic form**, require the person… to attend and **produce it**, or to produce it, at the time and place stated.” Highlights: - **Devices are expressly in scope.** Old Section 91’s “document or other thing” was read to include devices; Section 94 says so, removing ambiguity. - **Electronic form is valid.** Unlike Section 35, a Section 94 order *may* be sent electronically and still be valid. - **Section 94(2) convenience:** You are deemed to have complied if you cause the document/thing to be produced without attending personally — useful where the bank statement or log can be sent with acknowledgement rather than a personal visit. - **Preserved limits:** Section 94(3) carries forward the protections of **Sections 129-130 BSA** and the Bankers’ Books Evidence Act — privileged or statutorily protected material retains its protection. In cyber freezes, Section 94 is the workhorse: the cyber cell sends a Section 94 order to the bank for the account statement and to you for the invoice trail. Complying cleanly with Section 94 is often what gets the freeze limited to the disputed amount. ## How should you respond — the correct sequence for a cyber cell notice? ### Step 0 — Read the paper, not the panic Identify: crime number / NCRP acknowledgement, sections invoked (IT Act/BNS), date/place to appear, officer and rank, and whether the paper says **Section 35** or **Section 94**. Check the mode of service — envelope with seal vs WhatsApp image. Note limitation: appearance is at the **jurisdictional police station of the investigating cell**, often in another state for cyber cases — which is where counsel’s role begins. ### Step 1 — Do not ignore; do not volunteer a confession - For **Section 35**: You have a **duty to comply** (Sec 35(4)) and a **shield while compliant** (Sec 35(5)). Ignoring is the fastest way to create a 35(6) arrest ground. - For **Section 94**: Decide whether to produce personally or cause production under Sec 94(2). Keep copies and get acknowledgement. - In both, remember **Article 20(3)** against self-incrimination. Cooperation means attending, producing what is sought, and answering identifying information — not signing a pre-written statement or unlocking a device without a lawful seizure memo. ### Step 2 — Preserve, don’t destroy Do not delete chats, format the device, or “test” the account. Destruction can become a separate obstruction allegation and destroys exculpatory material. Preserve the transaction trail (invoice, delivery proof, KYC) — the same bundle that secures a [lien-limited de-freeze](https://advaslam.com/writing/bank-account-frozen-cyber-cell-kerala/). ### Step 3 — Produce with procedure If police seek a phone or laptop, insist on a **seizure memo**, **hash value** (SHA-256) and **acknowledgement**, and that the search follows BNSS safeguards. The electronic record will later need a **Section 63 BSA certificate** — see the [electronic evidence guide](https://advaslam.com/writing/electronic-evidence-bsa-section-63-certificate-guide/) — so chain-of-custody and hash at seizure are not formalities. ### Step 4 — Consider anticipatory bail where appropriate Where the notice cites non-bailable sections carrying more than seven years (e.g., Section 111 BNS organised crime, Section 64 BNS rape), or where custody is likely, seek **anticipatory bail under Section 482 BNSS** (formerly Section 438 CrPC) before the first appearance. For up-to-seven-year matters with a cooperative 35(3) posture, the notice itself is often the protection — counsel can advise which track fits. ## Primary sources - [Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 35, 63-64, 71, 94, 173, 175, 179, 193, 482, 503](https://indiacode.gov.in/handle/123456789/496550) - [Constitution of India — Article 21](https://indiacode.gov.in/document-grid/d5475e8d-1998-4ac8-8694-82f941074bb7) - *Satender Kumar Antil v. CBI*: Supreme Court directions 21 Jan 2025 & **16 Jul 2025, 2025 INSC 909 (IA 63691/2025)** — Section 35 only physical service; notice as rule for ≤7-year offences; standing orders to follow the Delhi High Court guidelines in *Rakesh Kumar v. Vijayanta Arya (DCP)* (2021) and *Amandeep Singh Johar* (2018) - [Bharatiya Sakshya Adhiniyam, 2023 — Section 63](https://indiacode.gov.in/handle/123456789/496549) - [Information Technology Act, 2000 — Sections 66C, 66D, 78](https://indiacode.gov.in/handle/123456789/496511) (rank for investigation) - [Bharatiya Nyaya Sanhita, 2023](https://indiacode.gov.in/handle/123456789/496548) (cheating, personation, extortion, organised crime) FAQ ## Common questions **What is the difference between Section 35 BNSS and Section 94 BNSS notice?** Section 35(3) BNSS (old Section 41A CrPC) is a notice of appearance — police ask a person to appear and cooperate where arrest is not immediately required, typically for offences punishable up to seven years where compliance shields against arrest. Section 94 BNSS (old Section 91 CrPC, now expanded) is a summons to produce a document or thing — including electronic records and devices — for investigation. Section 35 compels your presence; Section 94 compels production of material, and Section 94 orders may now be issued in physical or electronic form. **Does a Section 35 BNSS notice mean I will be arrested?** Not by itself. Section 35(3) is designed to avoid arrest where cooperation suffices. If you comply and continue to cooperate, Section 35(5) BNSS protects against arrest unless the officer, for reasons recorded, is of the opinion that you ought to be arrested. Non-compliance, however, removes that shield and can be grounds for arrest under Section 35(6). Supreme Court (Satender Kumar Antil v. CBI, 21 Jan 2025 → 16 Jul 2025, 2025 INSC 909) treats Section 35 notice as the rule for up-to-seven-year offences, arrest as the exception. **Can a Section 35 BNSS notice be sent on WhatsApp?** No. The Supreme Court (Satender Kumar Antil directions, 21 Jan 2025 and 16 Jul 2025, 2025 LiveLaw SC 751) held that Section 35 notices cannot be served through WhatsApp or email — they must be served in the manner prescribed under BNSS Chapter VI (personal service). Conscious legislative omission of electronic service for Section 35 — while Sections 94(1) and 193(3) expressly allow electronic communication — was held to reflect intent to protect liberty under Article 21. A WhatsApp-only 35 notice is legally deficient. **Can police demand my phone or laptop under Section 94 BNSS?** Section 94(1) expressly covers electronic communications including communication devices likely to contain digital evidence. Police may by written order (physical or electronic) require you to produce devices or records, but seizure must follow BNSS procedure — seizure memo, hash, and later certification under Section 63 BSA. You may be deemed to have complied by producing the document or thing instead of attending personally (Section 94(2)). Do not hand over devices casually without a memo and hash. **Should I ignore a cyber cell notice if the case is from another state?** No. Jurisdiction does not invalidate a genuine notice. Under Section 173 BNSS and cybercrime practice, complaints registered via NCRP can be investigated by the originating state's cell even where your account is in Kerala. Ignoring converts a cooperative 35(3) posture into a 35(6) arrest risk. Respond in writing, engage counsel where the FIR is registered, and seek anticipatory bail under Section 482 BNSS if arrest is genuinely apprehended. **A note on this article.** It is general legal information, not legal advice. The law may have changed since the date shown; before acting on anything here, take advice on your specific situation from an advocate of your choice. Keep reading Cyber crime & IT Act matters ### Cyber Fraud Defence in Kerala: Freeze to Recovery Hub Answer cyber fraud in Kerala step by step: freeze unfreezing, UPI and task-scam recovery, P2P taint, notices, escalation, evidence, ED and CIBIL sequels. 5 Oct 2026 [Cyber Fraud Defence in Kerala: Freeze to Recovery Hub](https://advaslam.com/writing/cyber-fraud-defence-kerala/) Cyber crime & IT Act matters ### Telegram Task Scam and Online Job Fraud: How It Works and How to Recover Money in Kerala Lost money to a Telegram task or job scam? Why Section 66D IT Act and Section 318(4) BNS apply, why chasing deeper levels hurts, and 1930 and bank steps. 6 Sept 2026 [Telegram Task Scam and Online Job Fraud: How It Works and How to Recover Money in Kerala](https://advaslam.com/writing/telegram-job-task-scam-recovery/) Contact [WhatsApp](https://wa.me/919497240215?text=Hello%2C%20I%20found%20advaslam.com%20and%20would%20like%20to%20discuss%20a%20matter.) [contact@advaslam.com](mailto:contact@advaslam.com) [+91 94972 40215](tel:+919497240215) 3rd Floor, Lalan Towers (KGL Builders), Vanchi Square, High Court Junction, Ernakulam, Kerala 682031 · Monday – Saturday, 10:00 – 18:30 (by appointment) ```json {"@context":"https://schema.org","@graph":[{"@type":"WebSite","@id":"https://advaslam.com/#website","url":"https://advaslam.com","name":"Adv. 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Section 35(3) is designed to avoid arrest where cooperation suffices. If you comply and continue to cooperate, Section 35(5) BNSS protects against arrest unless the officer, for reasons recorded, is of the opinion that you ought to be arrested. Non-compliance, however, removes that shield and can be grounds for arrest under Section 35(6). Supreme Court (Satender Kumar Antil v. CBI, 21 Jan 2025 → 16 Jul 2025, 2025 INSC 909) treats Section 35 notice as the rule for up-to-seven-year offences, arrest as the exception."}},{"@type":"Question","name":"Can a Section 35 BNSS notice be sent on WhatsApp?","acceptedAnswer":{"@type":"Answer","text":"No. The Supreme Court (Satender Kumar Antil directions, 21 Jan 2025 and 16 Jul 2025, 2025 LiveLaw SC 751) held that Section 35 notices cannot be served through WhatsApp or email — they must be served in the manner prescribed under BNSS Chapter VI (personal service). Conscious legislative omission of electronic service for Section 35 — while Sections 94(1) and 193(3) expressly allow electronic communication — was held to reflect intent to protect liberty under Article 21. A WhatsApp-only 35 notice is legally deficient."}},{"@type":"Question","name":"Can police demand my phone or laptop under Section 94 BNSS?","acceptedAnswer":{"@type":"Answer","text":"Section 94(1) expressly covers electronic communications including communication devices likely to contain digital evidence. Police may by written order (physical or electronic) require you to produce devices or records, but seizure must follow BNSS procedure — seizure memo, hash, and later certification under Section 63 BSA. You may be deemed to have complied by producing the document or thing instead of attending personally (Section 94(2)). Do not hand over devices casually without a memo and hash."}},{"@type":"Question","name":"Should I ignore a cyber cell notice if the case is from another state?","acceptedAnswer":{"@type":"Answer","text":"No. Jurisdiction does not invalidate a genuine notice. Under Section 173 BNSS and cybercrime practice, complaints registered via NCRP can be investigated by the originating state's cell even where your account is in Kerala. Ignoring converts a cooperative 35(3) posture into a 35(6) arrest risk. Respond in writing, engage counsel where the FIR is registered, and seek anticipatory bail under Section 482 BNSS if arrest is genuinely apprehended."}}]}]} ```