Can Police Arrest You Without Prior Notice?
Court Directs 5 Days’ Notice

Can Police Arrest You Without Prior Notice?

A person may approach the court fearing arrest even before the police have formally named him as an accused. This creates a very practical concern: if the police decide to nominate him later, can he suddenly be arrested?

A recent order passed by the Additional Sessions Judge, SAS Nagar (Mohali) dealt with this situation and provided a specific safeguard.

The Court directed that if the police subsequently nominate the applicant, they must give him five days’ prior notice.

The order also specifically referred to the directions of the Hon’ble High Court in Arnesh Kumar v. State of Bihar, reported in 2014 (3) Criminal Court Cases 001.

Advocate Shubham Aggarwal appeared for the applicant.

What Had Happened?

The matter arose after a complaint had reached the Punjab and Haryana High Court through CRWP No. 10460/2026.

According to the statement made before the Court by the concerned ASI, the applicant subsequently came to the police station.

His statement was recorded and a report regarding the same was sent to the SSP office.

Thereafter, a Kalendra under Sections 126/169 BNSS, corresponding to the old Sections 107/151 Cr.P.C., was initiated against the persons mentioned in the order.

These facts became relevant when the Court considered the application.

The Important Question: What If Police Nominate the Applicant Later?

This is where the order becomes useful beyond the immediate dispute.

The applicant’s position could change if the police subsequently decided to nominate him.

Instead of leaving that possibility open-ended, the Court recorded a clear safeguard.

It directed that:

if the police nominate the applicant, five days’ prior notice must be given to him.

The application was then disposed of with this direction.

Why Does the Reference to Arnesh Kumar v. State of Bihar Matter?

The order expressly records that the five-day notice direction was being given in compliance with the direction issued by the Hon’ble High Court in Arnesh Kumar v. State of Bihar, as cited in the order.

For this case study, we should be careful not to turn that reference into a broader proposition than the order itself records.

What we can say with certainty is straightforward:

In this particular matter, the Court directed the police to provide five days’ prior notice if the applicant was subsequently nominated.

That is the practical value of the order.

Why This Order Matters

The interesting part of this case is not a lengthy discussion of bail law. The order is only one page.

Its importance lies in the practical protection it provided.

At the time the matter was considered, the Court had before it the police officer’s statement regarding what had happened after the complaint. Rather than deciding an issue based on something that might happen in the future, the Court disposed of the application with a safeguard for that eventuality.

If the applicant was later nominated by the police, five days’ prior notice had to be given.

For someone facing uncertainty about possible nomination in a criminal matter, such a direction can be significant. It provides notice before the police take the step contemplated by the order and gives the affected person an opportunity to consider the legal remedies available at that stage.

The case also shows why the precise wording of a court order matters. Terms such as “five days prior notice”, Sections 126/169 BNSS, and the reference to Arnesh Kumar v. State of Bihar should not be replaced by broad summaries when understanding what protection the Court actually granted.

What Did the SAS Nagar Court Finally Order?

The Additional Sessions Judge, SAS Nagar, passed the order on 05.10.2026.

Based on the statement made by the ASI, the application was disposed of with the direction that:

in case the police nominate the applicant, they will give five days’ prior notice to him.

The Court recorded this direction with reference to Arnesh Kumar v. State of Bihar.

Frequently Asked Questions

Can police arrest you without prior notice?

There is no single answer applicable to every criminal case. It depends upon the facts, applicable offences and any directions already passed by a competent court. In this particular case, the Court specifically directed that five days’ prior notice be given if the police subsequently nominated the applicant.

What does five days' prior notice before arrest mean?

In the context of this order, it means that if the police decided to nominate the applicant, they were required to give him five days’ prior notice in accordance with the Court’s direction.

Which BNSS provisions were mentioned in this case?

The order records that a Kalendra under Sections 126/169 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) had been given. It also identifies these as corresponding to the old Sections 107/151 Cr.P.C.

Was the applicant already nominated when this order was passed?

The wording of the final direction was conditional: “in case police nominates him”, five days’ prior notice was to be given. That wording is important when understanding the scope of the order.

Why was Arnesh Kumar v. State of Bihar mentioned?

The Court expressly referred to Arnesh Kumar v. State of Bihar while directing that five days’ prior notice be given if the applicant was nominated. The present case study does not extend that reference beyond what this order itself records.

Can Police Arrest You Without Prior Notice?
Court Directs 5 Days’ Notice