What happens if a Station House Officer refuses to register an FIR for a serious crime?
CRIMINAL OFFENSE. Police officers refusing to register an FIR for cognizable crimes face up to 2 years imprisonment under Section 166A IPC / Section 199 BNS.
- • Constitution Bench in Lalita Kumari held registration of FIR is MANDATORY if a cognizable offense is disclosed.
- • You can send the complaint to the Superintendent of Police (SP) by registered post under Section 154(3) CrPC / 173(4) BNSS.
- • You can file a direct criminal complaint before the Magistrate under Section 156(3) CrPC / 175(3) BNSS.
- Keep an acknowledged copy of your written complaint.
- If refused, send the complaint to the District SP/DCP by registered speed post.
Must an Arrest Memo be signed by a local witness or family member during arrest?
MANDATORY. Under Section 41B CrPC / Section 36 BNSS, every arrest memo MUST be attested by at least one witness who is a family member or respectable member of the locality.
- • Arrest memo must state exact time, date, location, and offense.
- • The arrested person must countersign the memo and receive a copy.
- Demand: 'Officer, please prepare the arrest memo and have it attested by a local witness before taking me.'
Is the police required to conduct a medical examination of an arrested person every 48 hours?
MANDATORY LAW. Section 54 CrPC / Section 53 BNSS requires every arrested person to be examined by a registered medical officer immediately upon arrest and every 48 hours in custody.
- • Medical report records all pre-existing injuries to prove whether torture occurred in custody.
- • Copy of the medical inspection report must be furnished to the arrestee and Magistrate.
- Show all bruises or injuries to the doctor during examination and insist they be recorded in the Medico-Legal Case (MLC) sheet.
Held in Police Station Beyond 24 Hours: When does custody become illegal detention?
STRICTLY ILLEGAL. Under Article 22(2) of the Constitution and Section 58 of BNSS, police MUST produce every arrested or detained person before the nearest Judicial Magistrate within 24 hours. Holding a citizen beyond 24 hours is unlawful detention punishable with criminal prosecution.
- • 1. The 24-hour clock begins the moment physical custody or restraint is exercised by police, not when the formal arrest memo is signed.
- • 2. Detention beyond 24 hours without a judicial remand order from a Magistrate violates fundamental constitutional rights.
- • 3. Family members can immediately file an emergency Habeas Corpus petition before the High Court or Sessions Judge.
- 1. Demand to see the General Diary (GD) entry logging the time of arrival at the police station.
- 2. Instruct family to send a telegram / speed post to the District Chief Judicial Magistrate (CJM) noting illegal detention.
- 3. Contact a criminal lawyer to file an urgent Section 100 BNSS application or Habeas Corpus under Article 226.
- 4. File an inquiry before the State Human Rights Commission (SHRC) against the Station House Officer.
House Search by Police: Can male officers enter and search private rooms occupied by women?
NO. Under Section 103 BNSS, whenever a private room or house inhabited by women (who by custom do not appear in public) is searched, police must give notice to withdraw and conduct the search strictly in the presence of a female police officer with strict regard to decency.
- • 1. Male police officers cannot barge into women's bedrooms or private quarters without female police personnel.
- • 2. The officer must give reasonable time and notice to women to withdraw before entering.
- • 3. The physical search of a female can ONLY be made by another female with strict regard to decency.
- 1. Ask through the closed door: "Show your search warrant and confirm if female officers are present."
- 2. State firmly: "Under Section 103 BNSS, male officers cannot search women's quarters without female constables."
- 3. Call two independent respectable neighbors to act as search witnesses (Panchas).
- 4. If male officers barge in violently, record video or call 112 and register a complaint of outraging modesty.
Items Seized by Police During Search: Must police give you an immediate signed Seizure Memo?
MANDATORY. Under Section 105 BNSS, police seizing any mobile phone, laptop, document, or cash must immediately prepare a signed Seizure List (Panchnama) witnessed by two local independent citizens and provide a free copy on the spot.
- • 1. Police cannot take away laptops, cash, or jewellery informally without an inventory list signed on the spot.
- • 2. The seizure list must detail exact serial numbers, IMEI, descriptions, and condition of items.
- • 3. For digital devices (phones/laptops), police must record the Hash Value to prevent evidence planting or tampering.
- 1. Ask the searching officer: "Please prepare the Seizure Memo (Panchnama) under Section 105 BNSS before taking any item."
- 2. Ensure two independent neighbors sign the inventory as search witnesses.
- 3. Demand a free, carbon-copy or duplicate copy signed by the Investigating Officer on the spot.
- 4. If police take items without a memo, send an urgent affidavit to the District Superintendent of Police (SP) and CJM.
Custodial Abuse in Police Station: Can you access CCTV footage to prove police misconduct?
YES. The Supreme Court in Paramvir Singh Saini (2020) made it mandatory for all police stations in India to have functioning CCTV cameras with night vision and audio recording in all lockups, corridors, and inspector rooms, preserved for 18 months.
- • 1. CCTV cameras with clear audio recording must cover entrance, lockups, corridors, reception, and sub-inspector rooms.
- • 2. Footage must be preserved for at least 18 months by state authorities.
- • 3. If police claim cameras were "not working" during an alleged torture incident, courts draw an adverse criminal inference against the police.
- 1. Immediately note down the exact date, time, and specific room of the police station where the misconduct occurred.
- 2. Submit an urgent application to the Superintendent of Police (SP) and CJM: "Preserve CCTV footage under Paramvir Singh Saini mandate."
- 3. File an immediate complaint before the State Human Rights Commission (SHRC) and Police Complaints Authority (PCA).
- 4. Move the High Court under Section 528 BNSS / Article 226 for judicial direction to seize the DVR.
Arrested by Police: Does the police officer have a duty to inform your family or lawyer immediately?
MANDATORY. Under Section 48 BNSS and the landmark D.K. Basu guidelines, the arresting police officer MUST immediately inform a friend, relative, or person nominated by the arrested individual regarding the arrest and place of custody.
- • 1. The police officer must disclose full name and designation on clear identification badges during arrest.
- • 2. If the friend/relative lives outside the district, police must inform them by phone or telegraph within 8 to 12 hours.
- • 3. An entry must be made in the police diary recording the name of the friend informed and the officer in whose custody the person is kept.
- 1. Tell the arresting officer clearly: "Under Section 48 BNSS, please call my nominated family member [Name & Phone Number] right now."
- 2. Do not answer substantive questions until your legal counsel arrives (Right to Counsel).
- 3. Verify that the arrest memo records the exact time and contact details of the informed relative.
- 4. If secret custody is maintained, inform the Magistrate at first production that Section 48 was breached.