In short. A CBI notice under Section 35 BNSS means the CBI treats you as a suspect in a case it has registered but has decided, for now, that it does not need to arrest you. You must appear on the date given, and if you comply, the law says you cannot be arrested unless the officer records reasons why arrest has become necessary. Most people who appear go home the same day. Read the notice carefully, gather your papers, and speak to a lawyer before the date.
Is this your situation?
- A CBI officer has delivered a notice asking you to appear at a CBI office in Delhi on a fixed date.
- The notice mentions Section 35 BNSS or Section 41A CrPC and a case number starting with RC.
- You are a government officer, bank official or PSU employee and a colleague has already been questioned.
- You received the notice on WhatsApp or by email and are not sure whether it counts.
- You cannot attend on the date given because of travel, illness or a family event.
- You are worried you will be arrested when you go, because someone else in the case was.
- You live outside Delhi or abroad and the CBI wants you to appear at its office in Delhi.
Key points
- A Section 35 notice is a decision not to arrest you, for now. It is issued when the CBI has a case against you but does not consider arrest necessary at that stage.
- You must appear. Ignoring the notice without a good reason allows the officer to seek your arrest, and can lead to a Look Out Circular.
- Compliance protects you. If you appear and cooperate, the officer can arrest you only after recording reasons in writing, and must give written grounds of arrest.
- The notice must be served physically. The Supreme Court has held that Section 35 notices cannot be served through WhatsApp or other electronic means, but do not ignore one you actually received.
- You can stay silent on questions that incriminate you. You cannot refuse to appear, but you are not bound to give answers that would expose you to a criminal charge.
What a CBI notice under Section 35 BNSS means
A CBI notice under Section 35 BNSS is a notice of appearance. Section 35 of the Bharatiya Nagarik Suraksha Sanhita 2023 (old Section 41A CrPC) lets a police officer, which includes a CBI officer, direct a person against whom there is a reasonable complaint, credible information or reasonable suspicion of a cognizable offence to appear before him, where arrest is not required under the main arrest power. People still call it a 41A notice, and CBI forms often mention both the old and the new section.
The notice tells you three things. You are not a mere witness: the CBI considers you someone against whom there is suspicion in a registered case. The officer has decided that your arrest is not needed at this point. And you are expected to appear at the place and time stated, answer questions and produce documents if asked.
This is very different from a search, a raid or an arrest. It is the CBI's way of saying it wants your version and your documents. Many people questioned on a Section 35 notice are never arrested and some are never chargesheeted. But the notice also signals that the case is moving, so it should be taken seriously from the day it arrives.
The law behind a CBI notice and CBI questioning
Section 35(3) to 35(6), BNSS (old Section 41A CrPC)
Section 35(3) allows the notice. Section 35(4) makes it your duty to comply. Section 35(5) says that if you comply and continue to comply, you shall not be arrested for the offence in the notice unless, for reasons to be recorded, the officer is of the opinion you ought to be arrested. Section 35(6) allows arrest, subject to orders of a competent court, if you fail to comply or refuse to identify yourself.
Section 35(7), BNSS
A new safeguard: for an offence 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 179, BNSS (old Section 160 CrPC)
Notice to a witness to attend for examination. Women, children, elderly persons beyond the age the section sets, and persons who are disabled or acutely ill cannot be made to attend anywhere other than where they live.
Sections 180 and 181, BNSS (old Sections 161 and 162 CrPC)
The officer may examine you orally and record what you say, and may record it by audio-video means. The statement is not signed by you and cannot be used as evidence at trial except in limited ways, such as to contradict you if you become a witness.
Section 38, BNSS (old Section 41D CrPC) and Article 20(3)
A person arrested and interrogated may meet an advocate of choice during interrogation, though not throughout it. Article 20(3) of the Constitution protects anyone accused of an offence from being compelled to be a witness against themselves.
Section 35 notice, witness notice or a letter: telling them apart
Not every CBI paper is a Section 35 notice, and the difference matters. Read the top of the notice and the section it cites. A notice under Section 179 BNSS (old Section 160) is addressed to a witness. It means the CBI wants information you have, not that you are suspected. People sometimes panic over a Section 179 notice when they are only being asked about a colleague's file or a transaction they processed.
A notice under Section 94 BNSS (old Section 91 CrPC) asks you to produce documents or electronic records. It does not by itself require you to answer questions. Companies and banks receive these regularly. Respond on time and keep a copy of everything handed over, with a covering letter listing each document.
A letter without any section number, often signed by an Inspector or Deputy Superintendent, usually arises in a Preliminary Enquiry, before a regular case is registered. The CBI uses Preliminary Enquiries mainly in corruption matters, and the Supreme Court recognised this practice in Lalita Kumari v. Government of U.P. (2013). There is no FIR yet. Your answers can still shape whether one is registered, so treat the letter with the same care.
If the notice mentions an RC number, a regular case has been registered and an FIR exists. CBI FIRs are usually available on the CBI's website or through the special court unless withheld as sensitive. Try to obtain a copy before you appear. Knowing which offences are alleged and who else is named changes how you prepare. If you are unsure which agency is which, our guide on the difference between the ED, CBI and Delhi Police EOW sets out how their powers differ.
Do you have to appear, and what if you cannot?
Yes. Section 35(4) makes it your duty to comply with the notice. Failure to appear without a good reason lets the officer seek your arrest under Section 35(6), and can lead to a court warrant or a request for a Look Out Circular if the CBI thinks you may leave the country. Our guide on what a Look Out Circular is and how to remove it explains how those are issued and challenged.
If you genuinely cannot attend on the date, write to the officer before the date. Explain the reason with proof, such as a medical certificate, a ticket booked before the notice, or a court date, and offer two or three alternative dates within the next week or two. Send it by email to the address on the notice and by hand or speed post, and keep proof. Most investigating officers accept a reasonable request made in advance. What they do not accept is silence followed by an excuse.
Do not ask for long postponements without cause. An accused who keeps seeking time looks like someone avoiding the investigation, and that becomes a ground for arrest or for opposing anticipatory bail later. If you live abroad, write promptly, give a date when you will be in India, and keep to it. Appearing by video is not a right, though officers sometimes agree to it in the early stages.
Can the CBI arrest you when you appear?
It can, but only within limits. Section 35(5) says that a person who complies with the notice shall not be arrested for the offence mentioned unless the officer, for reasons recorded in writing, decides an arrest is necessary. The reasons must be real and connected to the investigation: for example, that you are likely to tamper with evidence, or that new material shows a larger role than first thought. Refusing to confess is not a reason.
The Supreme Court in Arnesh Kumar v. State of Bihar (2014) held that for offences punishable up to seven years, arrest must be justified by the necessity conditions now found in Section 35(1)(b) BNSS, and that officers who arrest mechanically face departmental action and contempt. In Satender Kumar Antil v. CBI (2022), it directed courts to check that the notice-of-appearance procedure was followed, and that an accused who cooperated with investigation need not be arrested merely because a chargesheet is filed. Many CBI cases under the cheating provisions of the BNS and Section 7 of the Prevention of Corruption Act fall within the seven-year range.
For offences carrying more than seven years, such as criminal breach of trust by a public servant or banker under Section 316(5) BNS (old Section 409 IPC), the CBI may still issue a notice instead of arresting. The protection of Section 35(5) applies all the same once you comply. If you are arrested, the grounds of arrest must be given to you in writing under Section 47 BNSS (old Section 50 CrPC); the Supreme Court in Mihir Rajesh Shah (2025) held that written grounds are required in all offences. You must be produced before the special court within 24 hours.
In practice, arrests after a Section 35 notice usually follow one of three patterns: the CBI has recovered documents or messages that contradict what you said, a co-accused has given a statement pointing at you, or you have missed earlier dates. Preparing well and appearing on time removes the third and reduces the risk of the first.
How the notice must be served
The Supreme Court in Satender Kumar Antil v. CBI held in January 2025, and reaffirmed in a judgment in July 2025, that notices under Section 35 BNSS must be served in person through the modes the BNSS allows, and not through WhatsApp, email or other electronic means. It directed police forces across the country to issue standing orders to this effect.
So a notice that arrives only on WhatsApp is not valid service. But this is a protection, not a loophole. If you know the CBI wants you on a date, ignoring it on a technical ground will look poor in any later bail hearing. The sensible response is to write back acknowledging the message, asking for formal service, and confirming that you will appear once properly served or on a mutually fixed date.
When the notice is delivered at home, a family member may sign for it if you are away. Make sure someone in the household knows to photograph the notice and send it to you at once, and to note who delivered it and when.
CBI questioning: what the day usually looks like
CBI questioning usually takes place at the branch office named in the notice. In Delhi, many branches work from the CBI headquarters at the CGO Complex on Lodhi Road, while others work from offices elsewhere in the city. Carry the notice, an identity document and copies of any documents asked for. Expect security checks, a wait, and a session that can run from two or three hours to most of the day.
The officer will ask about your role, your dealings with other persons named in the FIR, specific files, transactions or decisions, and documents. Statements are recorded under Section 180 BNSS, sometimes on video. You will not be asked to sign them. You may be asked to identify signatures, emails or handwriting, and to hand over a phone or laptop.
If a device or document is taken, ask for a seizure memo listing it, and if possible a note of the hash value for a device. Do not hand over originals of documents you need for your business without keeping certified copies. You may be asked to come back on another date. That is common and does not by itself mean arrest is coming.
Your lawyer can accompany you to the office but is usually not allowed into the room where you are questioned. Courts in some cases have directed that questioning take place within sight, though not hearing, of the lawyer; this is an order the court makes on a petition, not something you can insist on at the door. Our guide on how to prepare for questioning by the ED or CBI covers preparation in more detail.
Your rights in the questioning room
You must answer questions truthfully, but you are not obliged to answer a question whose answer would expose you to a criminal charge. In Nandini Satpathy v. P.L. Dani (1978), the Supreme Court held that the protection of Article 20(3) applies during police questioning, not only in court. This is not a licence to stay silent on everything. Refusing to answer neutral questions about your job, your accounts or routine facts will be seen as non-cooperation. Use the right selectively and calmly, and decide in advance with your lawyer which areas carry risk.
You can ask for water, breaks, food and time to take medicines. Tell the officer at the start if you have a medical condition. Keep a short written note of the questions asked and your answers once you leave. It helps your lawyer and it helps you stay consistent if you are called again.
Do not sign any paper you have not read. If you are asked to sign a seizure memo or a list of documents, read it first and correct mistakes before signing. If something is recorded wrongly, say so and ask for the correction to be noted.
What to do from the day the notice arrives
A typical notice gives a few days to a week before the date. Use that time in this order.
Read the notice and note the details
Note the section cited, the RC or PE number, the offences, the officer's name and rank, the branch, the date and time, and any documents asked for. Photograph the notice and keep the original safe.
Get the FIR and understand the allegation
Obtain the FIR from the CBI website, the special court, or through your lawyer. Identify the transactions, files or period it covers and who else is named.
Meet a lawyer and build a chronology
Prepare a one-page timeline of your involvement, with dates, documents and people. Your lawyer will use it to anticipate questions and to spot points of risk.
Gather and copy documents
Collect the documents asked for and those that support your account: approvals, emails, file notings, bank statements, invoices. Make two sets of copies; hand over copies, keep originals unless the originals are specifically required.
Decide whether to seek court protection
If there is a real risk of arrest, your lawyer may advise an anticipatory bail application before the special court or the High Court. In many cases appearing without one is the better course.
Appear on time and keep notes
Reach early with the notice and your ID. Answer clearly. Ask for a seizure memo for anything taken. After leaving, write down the questions and your answers the same day.
Respond to follow-up notices promptly
If called again or asked for more documents, respond on time and in writing. Keep a file of every notice, reply and acknowledgement.
Public servants, Preliminary Enquiries and Section 17A
If you are a central government employee, a bank officer in a public sector bank, or a PSU official, the notice will usually relate to an allegation under the Prevention of Corruption Act 1988. Section 17A of that Act bars any enquiry or investigation into a decision taken by a public servant in discharge of official functions without prior approval from the competent authority. The Supreme Court gave a split verdict on aspects of Section 17A in January 2026, so the position should be checked before relying on it.
Ask whether approval under Section 17A was obtained where your official decision is in question. That is not usually something you raise in the questioning room, but it matters for any later challenge. Sanction for prosecution under Section 19 is a separate stage, after investigation, and our guide on sanction for prosecution under the Prevention of Corruption Act explains it.
Public servants should also tell their department in the manner the service rules require, and should not discuss the questioning with colleagues who may be witnesses. Informal conversations in the office corridor can later be described as attempts to influence witnesses.
When Advocate B.K. Singh advises a government officer who has received a CBI notice, he first asks for the file notings on the decision in question. In many corruption cases, the notings show that the decision passed through several levels with the approval of seniors, and that record shapes both the answers given to the CBI and any later bail or discharge application.
Which court deals with a CBI notice in Delhi
A notice itself is not issued by a court, and there is usually nothing to challenge in court at the notice stage. Court proceedings become relevant if you seek anticipatory bail, if you are arrested, or if you want the FIR quashed.
CBI cases in Delhi are tried by the special judges for CBI and Prevention of Corruption Act cases at the Rouse Avenue Court Complex. If you are arrested, you are produced there for remand. An application for anticipatory bail under Section 482 BNSS (old Section 438 CrPC) can be filed there, and the Delhi High Court also has power to hear it. In practice the High Court usually expects the special court to be approached first unless there is a good reason. Our guide on which cases go to the Rouse Avenue courts describes that complex.
A petition to quash the FIR under Section 528 BNSS (old Section 482 CrPC) goes to the Delhi High Court when the case is registered in Delhi. If the CBI case is registered by a branch in another State and the FIR is tied to that State, the remedies generally lie before that State's special court and High Court. Delhi does not need to give consent for the CBI to investigate within its territory, since the Delhi Special Police Establishment Act extends to Union Territories.
Anticipatory bail and other remedies after a CBI notice
Courts often take the view that a Section 35 notice shows the CBI does not intend to arrest, so an anticipatory bail application filed immediately can be called premature. But where there is concrete material suggesting arrest, such as co-accused being arrested after appearing on similar notices, or a significant change in the CBI's stance, courts do grant protection, usually on condition that you join the investigation whenever called. Our guide on anticipatory bail in Delhi step by step explains the procedure, and our anticipatory bail page covers the High Court stage.
If the FIR is legally unsustainable, a quashing petition can be filed in the Delhi High Court, and the court may consider interim protection, though after Neeharika Infrastructure v. State of Maharashtra (2021) courts give no coercive steps orders sparingly and with reasons. See our page on quashing an FIR in the Delhi High Court.
If you are arrested despite complying with the notice and no reasons were recorded, or no written grounds were given, the arrest itself can be challenged before the special court at the first production and in the High Court. Regular bail in CBI matters is covered on our CBI case bail page.
Time and cost at each stage
| Stage | Typical time | Court fee and costs |
|---|---|---|
| Notice to date of appearance | Usually a few days to a week or two | None |
| Request for a new date | Write before the date; reply often within days | None |
| Questioning at the CBI office | A few hours to a full day; repeat visits are common | None |
| Anticipatory bail in the special court | One to four weeks for a decision, often with interim protection meanwhile | Nominal court fee; check the current fee |
| Anticipatory bail in the Delhi High Court | Weeks to a few months | Nominal court fee; check the current fee |
| Quashing petition in the Delhi High Court | Months to a year or more for final decision | Nominal court fee; check the current fee |
| If arrested: production and remand | Within 24 hours before the special court | None |
Papers to collect before you appear
The notice and case papers
- Original notice and the envelope or service record
- Copy of the FIR or RC, if available
- Any earlier notices, letters or summons from the CBI
- Your replies and proof of delivery
Documents about your role
- Appointment letters, job description or board resolutions showing your responsibilities
- File notings, approvals and emails about the transaction or decision
- Contracts, invoices, purchase orders or loan files, as relevant
- Bank statements for the relevant period
Personal papers
- Identity proof and two passport-size photographs
- Passport, if travel is an issue
- Medical records and prescriptions, if you have a condition
- A signed vakalatnama kept with a family member, in case of arrest
Your own preparation
- One-page chronology of your involvement
- List of documents handed over, with a covering letter
- Notes of questions asked, written the same day
A made-up example: the bank manager in Janakpuri
Here's a made-up example. Rakesh, 52, was a branch manager at a public sector bank in Janakpuri when a builder's company took a large working capital loan. Four years later, the account turned bad and the bank complained to the CBI. The CBI registered an RC against the company's directors and unknown bank officials for cheating and offences under the Prevention of Corruption Act.
Rakesh, now posted in Lucknow, received a notice under Section 35 BNSS delivered at his Delhi flat, asking him to appear at a CBI branch in Delhi in six days with the loan file. His wife photographed the notice and sent it to him. He wrote to the officer by email that evening, attaching his leave approval and confirming he would appear on the date.
With his lawyer, he built a timeline: the date of the proposal, the credit committee's approval, the regional office sanction and the inspection reports. He collected copies of the file notings showing that the loan was sanctioned at a level above him after an independent valuation. He did not file for anticipatory bail, because no bank official had been arrested and the notice itself showed the CBI did not intend to.
He appeared on the date, was questioned for five hours, identified his signatures on the inspection reports, and handed over copies of the file, taking an acknowledgement. He was called once more a month later. The chargesheet named the directors and a valuer, and listed Rakesh as a witness. This example is illustrative; the result in any real case depends on its own facts.
Mistakes people make with a CBI notice
The first mistake is walking in unprepared. People assume that because they did nothing wrong, they can simply tell the truth from memory. Four years after a transaction, memory is unreliable, and a wrong date or a forgotten email can look like a lie. Read your own documents before you go.
The second is talking to co-accused or colleagues about what to say. Even an innocent conversation about who approved what can later be described as tutoring witnesses, and it can be found on phones the CBI seizes.
The third is deleting messages or emails after the notice arrives. Deletion is often recoverable and almost always visible, and it turns a weak case into a strong one for arrest. Leave your devices as they are.
The fourth is over-explaining. Answer the question asked, clearly and accurately, and stop. Long speeches about how other people were responsible usually create new lines of questioning.
The fifth is going without telling anyone. Before any appearance where arrest is a possibility, a family member should have your lawyer's number, a signed vakalatnama and a folder of your medical and identity papers. Advocate B.K. Singh's practical advice is to agree a time by which you will call home after questioning, so that if the call does not come, the family knows to contact the lawyer and check whether you have been produced before the special court.
What to do this week
Check the notice: the section, the case number, the date and the documents asked for. If it came only on WhatsApp, acknowledge it and ask for formal service, while confirming you will appear. If you cannot attend on the date, write today with proof and alternative dates.
Get a copy of the FIR and prepare a one-page chronology of your involvement. Collect your documents and make two sets of copies. Do not delete anything or discuss the case with others named in it.
Speak to a lawyer about whether anticipatory bail is advisable in your case, or whether appearing without one is the better course. Our CBI investigation and trial defence page explains how we advise from the notice stage onwards, and the same page covers the later stages if a chargesheet is filed.
For advice on your notice and papers, or for updates on the law on CBI investigations, contact Advocate B.K. Singh.
Frequently asked questions
Is a Section 35 BNSS notice the same as a 41A notice?
Yes. Section 35(3) to 35(6) of the BNSS replaced Section 41A of the CrPC from 1 July 2024, with an added safeguard for elderly and infirm persons in minor offences. Cases registered before that date may still cite Section 41A.
Can I send my lawyer to the CBI instead of going myself?
No. A Section 35 notice requires you to appear in person. Your lawyer can write to the officer, accompany you to the office and advise you, but cannot appear on your behalf for questioning.
Is a CBI notice on WhatsApp valid?
The Supreme Court has held that Section 35 notices must not be served through WhatsApp or other electronic means. Still, do not ignore it: acknowledge it, ask for proper service and confirm that you will appear.
How many times can the CBI call me for questioning?
There is no fixed limit, and being called two or three times is common in document-heavy cases. If the calls become oppressive and serve no investigative purpose, a lawyer can raise it with the officer or, in rare cases, the court.
Will the CBI let my lawyer sit with me during questioning?
Usually not inside the room. Courts have sometimes directed questioning within sight but out of hearing of the lawyer, but that needs a court order. An arrested person can meet an advocate during interrogation under Section 38 BNSS, though not throughout.
Should I apply for anticipatory bail as soon as I get a CBI notice?
Not always. Courts often treat an application filed just after a Section 35 notice as premature, since the notice itself shows arrest is not intended. It makes sense where there is concrete reason to fear arrest.
Can the CBI take my phone during questioning?
Yes, the officer can seize a device as part of the investigation. Ask for a seizure memo listing the device and, if possible, the hash value, and do not delete anything beforehand.
I live abroad. What happens if I cannot come to Delhi for a CBI notice?
Write to the officer promptly with a firm date when you will be in India. Repeated non-appearance can lead to a Look Out Circular or a warrant, so keep any date you offer.
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M. More than twenty years in practice before the Supreme Court, the Delhi High Court, Delhi district courts and tribunals. This guide was written and reviewed by his team.
This guide explains the law in general terms and is not legal advice. For advice on your own papers, contact the team.
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