Satender Kumar Antil vs Central Bureau Of Investigation

insc-2026-115 Supreme Court of India 15 January 2026 • SPECIAL LEAVE PETITION (CRL.) NO. 5191 OF 2021; SPECIAL LEAVE PETITION (CRL.) NO. 5191 of 2021 • 25 min read

7 cases cited (0 SG, 7 foreign) Cited by 1 case

Practice Areas

Bharatiya Nagarik Suraksha Sanhita, 2023 Bharatiya Nyaya Sanhita, 2023 Code of Criminal Procedure (Amendment) Act, 2008 Code of Criminal Procedure, 1973 Constitution of India

Judges (2)

M.M. Sundresh Delivered N. Kotiswar Singh Coram

Counsel (1)

Sidharth Luthra Counsel Amicus

Parties (2)

Central Bureau of Investigation Respondent Satender Kumar Antil Petitioner

Case Significance

Satender Kumar Antil vs Central Bureau Of Investigation is a Supreme Court of India decision dated January 15, 2026 (citation: insc-2026-115). The Court considered whether notices under Section 35(3) of the BNSS, 2023 are mandatory in all cases for offences punishable with imprisonment up to 7 years. The Supreme Court held that arrest is not mandatory but discretionary, and a notice under Section 35(3) to an accused for offences up to 7 years imprisonment is the rule, with arrest being the exception. The bench comprised Justices M.M. Sundresh and N. Kotiswar Singh. The judgment was delivered by Justice M.M. Sundresh. Counsel appearing: Sidharth Luthra (amicus curiae).

This case has been cited by 1 subsequent judgment. The judgment references 7 case citations.

Summary

The Court considered whether notices under Section 35(3) of the BNSS, 2023 are mandatory in all cases for offences punishable with imprisonment up to 7 years. The Supreme Court held that arrest is not mandatory but discretionary, and a notice under Section 35(3) to an accused for offences up to 7 years imprisonment is the rule, with arrest being the exception.