If a person fails to comply with the terms of a notice for appearance under Section 35(3) of the…

Section 35(6) of the BNSS (formerly section 41A(4) CrPC) provides that where a person fails to comply with the terms of the notice or is unwilling to identify himself, the police officer "may, subject to such orders as may have been passed by a competent court in this behalf arrest him for the offence mentioned in the notice". Arrest is discretionary rather than compulsory and remains subject to court orders, so the options saying that he shall arrest, may not arrest, or may arrest without any qualification are wrong. Section 35(7) also requires prior permission of an officer not below the rank of Deputy Superintendent of Police for arrest for an offence punishable with less than three years where the person is infirm or above sixty years of age.