An arrest moves fast, and the first day decides a great deal. Here is what the law requires of the police, and what the family can do, under the Bharatiya Nagarik Suraksha Sanhita (BNSS), in force since 1 July 2024.
What the police must do
- Prepare an arrest memo, attested by a witness, with the date and time of arrest.
- Tell the arrested person the grounds of arrest, and the right to bail where the offence is bailable (Section 47).
- Inform a relative or friend named by the arrested person (Section 48).
- Produce the arrested person before a Magistrate within 24 hours, not counting travel time (Section 58).
- Allow the arrested person to meet a lawyer during interrogation, though not throughout it (Section 38).
What the family should do
- Note the FIR number, the police station and the investigating officer’s name.
- Ask for a copy of the arrest memo and the FIR.
- Collect identity and address proof, and any documents that show the accused’s side.
- Instruct a lawyer to be present at the production before the Magistrate.
- If the offence is bailable, bail is a right; if not, a bail application can be moved at once.
Remand and bail
At the first production the police may ask for police custody. The lawyer can oppose it and ask for bail. If bail is refused by the Magistrate, it can be sought from the Sessions Court and then the High Court.
This note is general information. Every case is different; speak to a lawyer about yours.
This article is general information on the law as it stood on the date shown, not legal advice on any particular matter.