Police, Arrest & Criminal Justice

Police can stop and question anyone on reasonable suspicion, but that doesn't automatically give them the power to detain, search, or arrest you.

Police must be in uniform with a visible, legible name/badge — a requirement from the Supreme Court's D.K. Basu guidelines that's now standard practice nationwide. If you're a woman, only a woman police officer can search you (BNSS Sections 51–52), and only between sunrise and sunset except in genuine emergencies. You can ask to be searched in the presence of a gazetted officer or magistrate if you doubt the search is legitimate.

1. Stay calm; ask for the officer's name, rank and ID/badge number.
2. Ask clearly whether you are being detained or are free to go — if not under arrest, you can leave.
3. You're not legally required to hand over or unlock your phone for a casual stop; that requires an arrest, warrant, or your informed consent.
4. Note badge numbers, the police station, and vehicle number in case you need to file a complaint later.

Knowing the checklist of what must legally happen after an arrest is your strongest protection against custodial abuse.

Grounds of arrest must be told immediately (Sec. 47); a relative/friend must be informed of the arrest and location (Sec. 48); you must be produced before a magistrate within 24 hours (Sec. 58, mirroring Article 22); an arrest memo must be prepared, attested by a witness (often a family member), and countersigned by you; and you have the right to a medical examination at the time of arrest and roughly every 48 hours in custody, to officially record any injuries (Sec. 53–55).

1. Ask for the arrest memo and the written grounds of arrest.
2. Insist a family member or friend is informed immediately — give the police their contact number yourself if needed.
3. Ask for a medical examination and get any existing injuries recorded on paper.
4. Remember: you cannot legally be held beyond 24 hours without being produced before a magistrate.
5. If the offence is bailable, apply for bail immediately — it is your right, not the court's favour.
6. If you can't afford a lawyer, ask the court for a free legal aid advocate under BNSS Sec. 341, or call the District Legal Services Authority directly.

Registering an FIR for a cognizable offence (one police can investigate without a magistrate's order) is not optional for police.

The Supreme Court's Lalita Kumari ruling made FIR registration mandatory for cognizable offences, now reflected in BNSS Sec. 173. Refusing to record it is itself punishable under BNS provisions on public servants disobeying the law. For rape and other crimes against women, the FIR must be recorded by a woman officer. A 'Zero FIR' can be filed at ANY police station regardless of jurisdiction and is later transferred to the right one — useful when time is critical.

1. Submit your complaint in writing and insist on a signed acknowledgment with an FIR/complaint number.
2. If refused, send the same complaint by post or email to the Superintendent of Police (SP) of the district, invoking BNSS Sec. 173(4) — they are required to act.
3. You can also apply directly to a Judicial Magistrate under BNSS Sec. 175(3) to direct police to register the FIR.
4. Escalate to the State or National Human Rights Commission if the refusal continues.

Whether bail is a right or a court's discretion depends on the type of offence.

For bailable offences, bail is a right — it can be granted by the police station itself or by any court. For non-bailable offences, bail is at the court's discretion under BNSS Chapter XXXV. First-time offenders facing charges with a maximum sentence of 7 years get special consideration, and BNSS Sec. 479 caps how long an undertrial can be detained relative to the maximum sentence for the offence. If you fear arrest in a non-bailable case, you can apply for anticipatory bail (BNSS Sec. 482) before it happens.

1. For a bailable offence, ask for bail at the police station itself with sureties, if required.
2. For a non-bailable offence, an advocate files a bail application before the Magistrate or Sessions Court.
3. If you anticipate arrest, file for anticipatory bail before the Sessions Court or High Court.
4. Use free legal aid (15100) if you cannot afford a lawyer — this is a right, not charity.

A search of your house or property is a serious step — it isn't something an officer can do purely on their own say-so.

A magistrate can issue a search warrant under BNSS Sec. 96 when a required document/thing isn't produced, its owner is unknown, or a general search is genuinely needed. Since BNSS, the entire search-and-seizure process — including preparing and signing the seizure list — must be recorded on audio-video (BNSS Sec. 105), preferably on a mobile phone, and the recording forwarded to a magistrate without delay. Courts have already dismissed evidence gathered without this recording.

1. Ask to see the search warrant and read exactly what it authorises before letting officers in.
2. Confirm the search is being recorded on video — you're entitled to expect this, and its absence is itself a serious procedural defect.
3. Two independent witnesses should be present for the search and to sign the seizure list — insist on this.
4. Get a copy of the seizure list (panchnama) with an itemised description of anything taken.
5. If no warrant is shown and it isn't a genuine emergency exception, you can refuse entry and note the officers' details to report the illegal search later.

Additional, specific safeguards apply on top of the general arrest rights above.

A woman cannot be arrested after sunset and before sunrise except in truly exceptional circumstances, and even then only with prior written permission from a Judicial Magistrate (BNSS Sec. 43(5)). Only a woman police officer can search a woman (BNSS Sec. 51-52). Pregnant women and women with young children face additional considerations in bail and custody decisions that a lawyer or the DLSA can advise on immediately.

1. If arrest is attempted after sunset/before sunrise, ask directly whether a Judicial Magistrate's prior written permission exists — this is a hard legal requirement, not a courtesy.
2. Insist that only a woman officer conducts any search of your person.
3. Ask for a relative/friend to be informed immediately, and request the presence of a support person where possible.
4. Contact the Women Helpline (181) or the DLSA (15100) immediately if any of these safeguards are being ignored.