SATENDER KUMAR ANTIL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) A seminal issue which has arisen for our consideration is: Whether notices under Sec. 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the "BNSS, 2023 ") are to be mandatorily issued in all cases, qua an offence punishable with imprisonment up to 7 years?

(2.) The consequential issue is: Whether in the absence of circumstances under Ss. 35(1)(b)(i) and 35(1)(b)(ii) of the BNSS, 2023 existing, is an arrest by a police officer, qua an offence punishable with imprisonment up to 7 years, legally justified?

(3.) At the outset, learned Amicus Curiae Mr. Sidharth Luthra submitted that in the absence of specific circumstances under Ss. 35(1)(b)(i) and 35(1)(b)(ii) of the BNSS, 2023 existing, an arrest by a Police Officer, qua an offence punishable with imprisonment up to 7 years, is not legally justified. Reliance is placed on the judgment of this Court in Arnesh Kumar v. State of Bihar & Anr, (2014) 8 SCC 273.