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.
Fearing Arrest in a False FIR: How does Anticipatory Bail protect you before arrest?
Under Section 482 of BNSS, anyone who has reasonable apprehension of arrest in a non-bailable offense can apply to the Sessions Court or High Court for Anticipatory Bail. If granted, police CANNOT put you behind bars.
- • 1. Anticipatory bail can be sought even before an FIR is formally registered if credible threats of arrest exist.
- • 2. If police attempt to arrest an individual who possesses an anticipatory bail order, they must release them immediately on bail bonds.
- • 3. The court may impose reasonable conditions, such as joining police investigation and not tampering with evidence.
- 1. Collect all alibi proof, CCTV records, tickets, or WhatsApp chats proving your innocence.
- 2. Engage an advocate to file an urgent Anticipatory Bail petition under Section 482 BNSS before the Sessions Court.
- 3. Pray for interim protection / stay on arrest while the petition is heard.
- 4. Once granted, furnish bail bonds and keep certified copy with you at all times.
Passport Police Verification Delayed or Bribe Demanded: How to expedite and lodge vigilance complaints?
Under Ministry of External Affairs guidelines, police verification for passports must be completed within 21 days without any fee. Demanding "chai-paani" or gifts is a criminal offense under the Prevention of Corruption Act.
- • 1. The Supreme Court in Maneka Gandhi established that the right to hold a passport and travel abroad is an integral part of Article 21.
- • 2. Police officers are only tasked with verifying citizenship and criminal antecedents; they cannot conduct moral policing.
- • 3. Verification reports must be uploaded online via mPassport Police App within 21 days.
- 1. Track your police verification status on the Passport Seva Portal (passportindia.gov.in).
- 2. Carry original Aadhaar, voter ID, address proof, and passport appointment ARN slip to the police station.
- 3. Never pay cash; if an officer stalls or demands bribe, dial Anti-Corruption Bureau (ACB) Toll-Free 1064.
- 4. File an online grievance on the CPGRAMS Portal (pgportal.gov.in) marking the Regional Passport Officer (RPO).
Police Handed a Simple NCR Slip for Mobile Theft or Assault: What to do if police refuse FIR?
Under Section 173 BNSS and the Lalita Kumari judgment, police MUST register a formal FIR for all cognizable offenses (theft, physical assault, cyber fraud). Handing a non-cognizable report (NCR) to suppress crime statistics is illegal.
- • 1. In cognizable crimes (like theft, mobile snatching, cheating), registration of FIR is mandatory; police cannot simply file an NCR.
- • 2. An NCR means police will not investigate or arrest without a magistrate order, effectively burying the case.
- • 3. Officers refusing FIR face up to 2 years rigorous imprisonment under Section 199 BNS (Section 166A IPC).
- 1. Refuse the simple NCR if your phone was stolen or snatched; insist on an FIR under Section 303/304 BNS.
- 2. If the SHO refuses, send the written complaint by Registered Speed Post to the District Superintendent of Police (SP) under Section 175(3) BNSS.
- 3. If still unresolved within 3 days, file a direct complaint petition before the Judicial Magistrate under Section 175(3) BNSS.
- 4. Magistrate will order police to register FIR and submit investigation report.
Working Mother Returning After Maternity Leave: Is employer mandated to provide nursing breaks and crèche?
MANDATORY. Under Section 11 of the Maternity Benefit Act, every working mother returning to work is legally entitled to TWO paid nursing breaks every day in addition to regular rest intervals, until the child reaches 15 months of age.
- • 1. Employers must provide two daily nursing breaks until the child is 15 months old; breaks cannot be deducted from wages.
- • 2. Every establishment with 50 or more employees must provide a crèche facility within 500 meters of the office.
- • 3. The mother is permitted up to 4 daily visits to the crèche, including her rest intervals.
- 1. Notify HR in writing upon resumption of duty citing Section 11 of Maternity Benefit Act.
- 2. State your chosen timings for the two daily nursing intervals.
- 3. If employer denies nursing breaks or crèche access, submit a formal grievance to the Internal Complaints Committee or Chief Labour Commissioner.
- 4. Employers violating maternity provisions face up to 1 year imprisonment and monetary fines under Section 21.
Acid Attack Survivors: Are private and public hospitals legally mandated to treat for free?
MANDATORY. Under Section 397 BNSS (357C CrPC) and Supreme Court directives in Laxmi v. Union of India, all hospitals (private or government) MUST provide immediate, 100% free first aid, reconstructive surgery, and medicines to acid attack survivors.
- • 1. No private hospital can turn away an acid attack survivor or demand advance cash payment before treatment.
- • 2. Treatment includes free reconstructive surgeries, ICU care, bed charges, and complete rehabilitation medicines.
- • 3. Hospitals violating this provision face criminal prosecution under Section 198 BNS (Section 166B IPC).
- 1. Rush the survivor to the nearest hospital emergency trauma ward immediately.
- 2. Inform the Chief Medical Officer: "Under Section 397 BNSS and Supreme Court mandates, treatment must be 100% cashless and free."
- 3. Ensure the police is notified for a formal medico-legal case (MLC) and FIR under Section 124 BNS.
- 4. Apply for State Victim Compensation Scheme assistance (minimum ₹3 Lakh to ₹10 Lakh).