Being arrested, or receiving a call from the police, is frightening. The law gives you important protections. Here are the key ones under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Your rights
- To know the grounds of arrest — the police must tell you the full particulars of the offence and, for a bailable offence, that you are entitled to be released on bail (s.47).
- To have someone informed — the police must inform a relative, friend or person you nominate about the arrest and where you are held (s.48).
- To meet an advocate — you may meet an advocate of your choice during interrogation, though not throughout it (s.38).
- To a medical examination — you can be examined by a medical officer (s.53).
- To be produced before a Magistrate within 24 hours, excluding travel time; detention beyond that needs a Magistrate’s order (s.58).
- Protection for women — ordinarily, no woman may be arrested after sunset and before sunrise, except in exceptional circumstances with prior permission of a Magistrate (s.43(5)).
Notice instead of arrest
For many offences punishable with up to seven years, the police may issue a notice of appearance (s.35(3)) instead of arresting. Complying with that notice is important.
What to do
- Stay calm and polite; do not resist.
- Ask for the grounds of arrest and the police station where you will be taken.
- Ask for your family to be informed and for an advocate.
- Do not sign blank papers or statements you do not understand.
- If you fear arrest, speak to an advocate about anticipatory bail (s.482) as early as possible.
