Cyber crime police - Sec 35 3

Dear Client,
The Information Technology Act 2000 regulates cyber activities or online betting, gaming or gambling, in India. Only the states of Sikkim, Nagaland, and Meghalaya have gaming laws and licensing regimes. States like Telangana and Tamil Nadu have rules that stop online betting. There are different kinds of gambling in India that are prevalent and practiced in India i.e. Horse Racing, Lottery, Skill Games, Casino Gambling, Online Gambling and Sports betting. Any violation of the law would attract a fine of INR 200 or imprisonment of up to 3 months. Sections 66A, 66C and 66D of the Information Technology Act, 2000, explicitly criminalize the acts of online betting, identity theft, and deception. Further, the issue of notice under Section 35(3) of BNSS which is equivalent to Section 41A Cr. PC is to protect individual liberties and prevent unnecessary or arbitrary arrests by the police despite a reasonable complaint or FIR of a cognizable offence. Section 94(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, allows a court or officer in charge of a police station to issue a summons or written order to a person to produce a document, electronic communication, or device containing digital evidence that is necessary for an investigation, inquiry, trial, or other proceeding. Ignoring the said notices can lead to issue of an arrest warrant. So, upon receipt of a notices under Sections 35(3) amd 94(1) BNSS, it is crucial to respond the same at the earliest. Recently, the Hon'ble Supreme Court in the case of Satender Kumar Antil v. Central Bureau of Investigation, 2025 SCC OnLine SC 1578, decided on 16-07-2025 held that the investigating agency must issue a written notice directing the person to appear under Section 35(3) BNSS. Upon receiving such notice, the person is obligated to comply under Section 35(4) BNSS. As long as there is compliance, arrest is not permitted unless the agency records specific reasons under Section 35(5) BNSS. Even in cases of non-compliance, automatic arrest is not allowed; it remains a matter of discretion and must be justified by the agency as a last resort under Section 35(6) of BNSS. Given the provision of the relevant law and the averment of the Apex Court you should immediately consult a lawyer specialising in criminal and cyber/IT laws to understand your rights and remedies to navigate the matter effectively.