What rights do you have if police try to arrest you?
You have the right to know grounds of arrest, right to a lawyer, right to inform family, and production before Magistrate within 24 hours.
- • Police officer MUST prepare an Arrest Memo (Section 41B CrPC) signed by at least one witness and countersigned by you.
- • Officer must wear clear nameplate and rank designation.
- • Right to have one friend, relative, or lawyer notified immediately of your arrest and detention place (Section 41D CrPC).
- • Medical examination by a medical officer must be conducted every 48 hours to record physical condition and prevent torture (Section 54 CrPC).
- Ask: "Under which Section and offence am I being arrested?"
- Verify the Arrest Memo and ensure exact time and place are mentioned before signing.
- Request to contact family and an advocate immediately under Section 41D.
- Demand an immediate medical examination under Section 54 CrPC.
Can Police torture or force you to sign a confession?
NO. Forced confessions to police are legally inadmissible in court, and you have a Fundamental Right to Silence.
- • Article 20(3) guarantees that no person accused of any offence shall be compelled to be a witness against himself.
- • Confessions made to a police officer are 100% inadmissible as evidence in court under Section 25 of Evidence Act.
- • Supreme Court in Selvi v. State of Karnataka held that involuntary narco-analysis, polygraph, and brain mapping violate Article 20(3).
- Maintain calm composure and exercise your right to silence: "I will make statements only before my lawyer or the Magistrate."
- Never sign blank papers or papers you have not read thoroughly.
- Inform the Magistrate immediately during your 24-hour remand hearing if torture occurred.
Can police call you to the police station without a formal written notice?
NO. For offenses punishable with up to 7 years imprisonment, police MUST serve a formal Section 41A CrPC / 35 BNSS notice specifying time and allegations.
- • Supreme Court in Arnesh Kumar ruled that verbal or phone summons are not lawful.
- • If you comply with the written notice and cooperate, police CANNOT arrest you without special magistrate approval.
- If police call on phone, state: 'Sir, please issue a formal notice under Section 41A CrPC/35 BNSS and I will gladly appear with my advocate.'
- Always attend with an acknowledgment copy signed by the investigating officer.
Are you entitled to a free certified copy of an FIR immediately after filing?
YES. Under Section 154(2) CrPC / Section 173(2) BNSS, the informant is entitled to a certified copy of the FIR immediately and completely FREE of cost.
- • Police cannot charge fees or make you wait days for an FIR copy.
- • All state police portals must upload FIRs online within 24 to 48 hours as per Supreme Court in Youth Bar Association.
- Wait at the police station until the FIR is registered in the General Diary.
- Politely assert: 'Sir, please provide the free copy of the FIR with GD number under Section 154(2) CrPC / 173(2) BNSS.'
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.
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.