Know your rights
Arrest is not punishment. The law puts limits on how police arrest and hold a person, and gives the family clear rights. Know them before you need them.
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The person must be told why they are arrested, and told about bail if the offence is bailable. The police must inform a relative or friend, prepare an arrest memo signed by a witness, allow a lawyer during questioning, get a medical check, and produce the person before a Magistrate within 24 hours. For offences with up to 7 years, police often must issue a notice to appear instead of arresting.
Where arrest is not needed, police must issue a notice to appear. If you comply, you should not be arrested for that offence unless the officer records reasons. For an offence under 3 years, a person who is infirm or above 60 cannot be arrested without a DSP’s permission.
BNSS 35(3) to 35(7)The officer must wear a clear name tag and make an arrest memo, attested by a family member or local person and countersigned by the arrested person.
BNSS 36Full particulars of the offence must be told at once. For a bailable offence the person must be told they can be released on bail.
BNSS 47; Constitution Article 22(1)Police must inform a relative or friend named by the person, and the district’s designated officer, about the arrest and where the person is held.
BNSS 48The arrested person may meet an advocate of their choice during interrogation, though not throughout it.
BNSS 38The arrested person is examined by a medical officer soon after arrest.
BNSS 53No one can be held without a Magistrate’s order for more than 24 hours, leaving out travel time.
BNSS 58; Article 22(2)Except in exceptional cases, no woman is arrested after sunset and before sunrise, and then only with a Magistrate’s prior permission through a woman officer. A male officer should not touch a woman to arrest her.
BNSS 43(1), 43(5)Ask for the officer’s name, the police station and the offence. Do not resist physically.
Check date, time and place. Ask that a family member be informed and note who was told.
Call 15100 (NALSA) for free legal aid. Every police station should display the legal aid number and the designated officer’s details.
For bailable offences, bail is a right. Arrange a surety and the bail bond.
Note the time of arrest. The person must be produced before a Magistrate within 24 hours, where the lawyer can oppose police custody and ask for bail.
The new criminal laws apply from 1 July 2024. Older cases continue under the old sections.
| Old (IPC/CrPC) | Now (BNS/BNSS) | About |
|---|---|---|
| CrPC 41 | BNSS 35 | Arrest without warrant |
| CrPC 41A | BNSS 35(3) | Notice of appearance |
| CrPC 41B | BNSS 36 | Arrest memo, officer’s name |
| CrPC 41D | BNSS 38 | Meet a lawyer |
| CrPC 46 | BNSS 43 | How arrest is made; women |
| CrPC 50 | BNSS 47 | Grounds of arrest, bail |
| CrPC 50A | BNSS 48 | Inform a relative |
| CrPC 57 | BNSS 58 | 24 hours to a Magistrate |
| CrPC 167 | BNSS 187 | Remand and custody |
This is general information, not legal advice. Laws and state rules change; check the official source or ask a lawyer. Free legal aid: call NALSA 15100 or visit your District Legal Services Authority.
The Magistrate can allow police custody of up to 15 days in all, taken at once or in parts during the first 40 or 60 days of detention, depending on the offence (BNSS 187). The rest is judicial custody.
Article 20(3) of the Constitution protects you from being compelled to be a witness against yourself. Speak to a lawyer before giving a detailed statement.
Anyone in custody, women and children, SC/ST members, people with disability, industrial workmen, victims of disaster, and people below the income limit set by each state. Call 15100 or visit the District Legal Services Authority.
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