No, the police generally cannot arrest you simply for receiving or complying with a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (which replaces the old Section 41A of the CrPC). [1, 2] 


Under this provision and recent rulings by the  Supreme Court of India , the issuance of a notice of appearance is the standard rule, and arrest is treated strictly as an exception. [3, 4] 
How Section 35(3) BNSS Works

• Notice is the Rule: For offenses punishable with imprisonment of up to 7 years, if an arrest is not urgently or legally required, the police must issue a notice directing you to appear and cooperate.
• Arrest is an Exception: The police cannot use the notice as a trick to call you to the station and immediately throw you in a lockup. Arrest requires documented, objective necessity (such as the risk of you fleeing, tampering with evidence, or continuing the crime).
• Protection as Long as You Cooperate: If you appear before the police as specified in the notice and cooperate with the investigation, you cannot be arrested under that notice unless specific, exceptional legal grounds for arrest arise and are recorded in writing. [1, 3] 

When Can They Arrest You Later?
The police can technically arrest you subsequent to a Section 35 notice only if:

• You fail to appear or refuse to cooperate with the investigating officer.
• Circumstances change drastically, making your formal arrest strictly necessary to prevent further offenses or protect evidence, and the officer records valid reasons for doing so. [3, 5, 6] 

As an immigration consultant facing a case under Section 420 and 120-B (now Sections 318(4) and 61(2) of the BNS) stemming strictly from a money dispute, you are in a relatively strong position to avoid arrest. Because there are no allegations of fake documents or forgery, this case leans heavily toward a civil breach of contract rather than criminal intent.


However, you must handle the Section 35 BNSS notice carefully to ensure the police do not manipulate the situation to claim non-cooperation.
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## 🛡️ Why a Money Dispute Protects You
The Supreme Court of India has consistently held that a purely financial dispute or failure to deliver services does not automatically constitute criminal cheating.

* No Initial Fraudulent Intent: To prove cheating, the police must show you had the intention to dupe the client from day one.
* Commercial Nature: If you genuinely took steps to process the file (submitting applications, booking slots, communicating with universities/embassies) and the visa was rejected or delayed, it is a commercial failure, not a crime.

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## 📋 Critical Action Plan to Stay Safe## 1.

Prove Your “Ex-Ante” Efforts (The Paper Trail)
To smash the criminal charge, you must prove you actually worked on their file. Bring copies of:

* The signed Retainer Agreement or terms of service showing the refund policy.
* Official receipts and invoices for all payments received through bank accounts.
* Proof of work done: portal login screenshots, emails to the embassy/colleges, assessment reports, and official rejection letters.

## 2. Establish “Ready and Willing” to Mediate/Refund-
Even if you owe them money, a willingness to resolve it proves you are not a criminal fleeing with their cash.

* If a refund is due under your contract, prepare a Demand Draft or Post-Dated Cheque for the undisputed amount.
* Present this to the Investigating Officer (IO) during your notice appearance as proof of your clean intentions.

## 3. Secure a “No Coercive Steps” Order or Anticipatory Bail
Since immigration matters carry a perceived flight risk, the safest move is to file for Anticipatory Bail under Section 482 of the BNSS in the Sessions Court.

* Your lawyer can argue that it is a purely civil money dispute being criminalised to extort a refund.
* The court will often grant interim protection or order the police not to take coercive steps (arrest you) as long as you keep joining the investigation.

## 4. Document Every Police Visit
When you attend the police station under the Section 35 notice:

* Go with a legal representative or have a lawyer on standby.
* Take a copy of the notice and get the IO to stamp, date, and sign it to prove you appeared. This stops the police from falsely claiming you are absconding to justify an arrest.

Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—which replaces Section 41 and 41A of the old CrPC—governs when police may arrest without a warrant. For offenses punishable with imprisonment up to seven years, the Supreme Court has clarified that notice of appearance is the rule and arrest is the exception. [1, 2] 


Core Provisions of Section 35 BNSS


• Arrest is Discretionary: Section 35(1) specifies that police may arrest without a warrant for cognizable offenses under specific conditions, meaning arrest is never automatic or mandatory just because an offense is cognizable.
• Conditions for Arrest: To justify an arrest for crimes under 7 years, the police must have a reason to believe the person committed the crime AND satisfy conditions like preventing evidence tampering, stopping further offenses, or securing the accused’s presence.
• Mandatory Notice: Under Section 35(3), if an immediate arrest is not required, the police must issue a formal notice of appearance directing the person to cooperate with the investigation.
• Protection from Arrest: Under Section 35(5), as long as a person complies with the appearance notice, they cannot be routinely arrested for that offense unless the police record written reasons why custody has become necessary.
• Strict Limits on Post-Notice Arrest: Under Section 35(6), if a person fails to comply with the notice, an arrest is still not automatic; it must be backed by newly emerged, objective material or circumstances not available when the notice was first issued. [3, 7] 

More on 99888-17966

[1] https://ksandk.com/criminal/bnss-section-35-arrest-rules/
[2] https://indiankanoon.org/doc/75059398/
[3] https://www.vaishlaw.com/section-353-bnss-notice-is-the-rule-arrest-an-exception-for-offences-up-to-7-years-supreme-court/
[4] https://www.qualegalindia.com/bnss-arrest-framework-satender-kumar-antil.html
[5] https://indiankanoon.org/doc/127340981/
[6] https://www.prashantkanha.com/section-35-3-bnss-notice/
[7] https://www.livelaw.in/supreme-court/bnss-arrest-under-s-356-must-be-based-on-fresh-material-not-on-grounds-in-s353-notice-supreme-court-522156

[1] https://www.shoneekapoor.com/41a-crpc-353-bnss-arrest-protection-498a/
[2] https://jlrjs.com/rewriting-criminal-procedure/
[3] https://www.vaishlaw.com/section-353-bnss-notice-is-the-rule-arrest-an-exception-for-offences-up-to-7-years-supreme-court/
[4] https://www.facebook.com/livelaw.in/posts/while-affirming-that-issuance-of-a-notice-under-section-353-of-the-bnss-is-manda/1343237231174638/
[5] https://ksandk.com/criminal/bnss-section-35-arrest-rules/
[6] https://www.lexology.com/library/detail.aspx?g=fe0fd98c-764d-43cb-8cfe-7adb57ce3bef