Since 1 July 2024, arrests, FIRs and criminal trials in India run on three new codes — the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) — which replaced the IPC, CrPC and Evidence Act. The core protections you grew up hearing about still apply; here's exactly what police can and can't do.
Police must tell you the grounds of arrest immediately, and whether the offence is bailable.
Police must notify a relative or friend of your choice about the arrest and where you're being held.
You must be produced before a magistrate within 24 hours of arrest, excluding travel time — you cannot be held indefinitely on a station's say-so.
If you can't afford a lawyer, the State must assign one at its own expense, from your very first appearance in court.
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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.
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).
Free lawyers for undertrials and eligible accused persons.
Local free-legal-aid office; visits jails and lock-ups regularly.
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.
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.
Arrested person must be told the grounds of arrest and, if applicable, their right to bail.
Police must inform a relative or friend named by the arrested person of the arrest and location.
Production before a Magistrate within 24 hours of arrest (mirrors Article 22 of the Constitution).
Mandatory registration of FIR for cognizable offences; refusal can be escalated to the SP or a Magistrate.
Free legal aid to the accused at State expense if they can't afford a lawyer.
Anticipatory bail — protection from arrest in a non-bailable offence, sought in advance.
The precedents behind the plain-language explanations above.
Most states now offer an app or portal for filing e-FIRs (usually for theft of vehicles/mobiles/property where the accused is unknown), verifying tenants/servants, and tracking complaints. Availability of e-FIR for specific offence types varies by state.
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Ask AdhikarThis page explains general Indian law for information purposes and is not legal advice. Laws, portal names, fees and helpline numbers change — please verify current details on the official government website linked above before taking action, and consult a qualified advocate for advice on your specific case.