Detained by Police? Your Rights in India

Disclaimer: This is legal information, not legal advice, and it has not yet been reviewed by an advocate. For your specific situation, consult an advocate.

Quick answer

If police detain you, you have the right to know why, to contact a lawyer and to have a relative or friend informed. You must be produced before a magistrate within 24 hours or released. If someone is held longer without a magistrate's order, their family can approach the High Court for a habeas corpus order.

Detention, preventive detention or arrest?

• Detained or "picked up": police hold you temporarily, for example to remove you from a protest site. You should be released the same day or produced before a magistrate.

• Preventive arrest (BNSS Section 170, formerly CrPC Section 151): police arrest you to prevent a cognizable offence. You cannot be held beyond 24 hours under this section unless a magistrate orders it or another law applies.

• Removal for not following police directions (BNSS Section 172): police may detain people who resist lawful directions. In minor cases they must be produced before a magistrate or released within 24 hours.

• Arrest for an offence: police arrest you in connection with a specific case or FIR. All arrest rights below apply.

• Preventive detention laws (such as the National Security Act): these allow longer detention by government order. Different rules apply; get a lawyer immediately.

Ask directly: "Am I being detained or arrested? Under which section?"

Your rights in custody

• Grounds: you must be told why you are being held (Article 22(1); BNSS Section 47).

• Bail in bailable offences: if the offence is bailable, police must tell you that you can be released on bail (BNSS Section 47).

• Identification and arrest memo: officers must carry visible name tags. An arrest memo must be prepared with the date and time, signed by a witness and countersigned by you (BNSS Section 36; D.K. Basu v. State of West Bengal).

• Inform someone: police must tell a relative or friend of your choice about the arrest and where you are held (BNSS Section 48).

• Lawyer: you can meet an advocate of your choice during interrogation, though not throughout it (BNSS Section 38). Free legal aid is available if you cannot afford one.

• 24-hour rule: you must be produced before the nearest magistrate within 24 hours, excluding travel time (Article 22(2); BNSS Section 58).

• Medical examination: you can ask for a medical examination by a doctor (BNSS Section 53).

• Women: a woman should be arrested only by or in the presence of a woman officer, and not between sunset and sunrise except in exceptional circumstances with a magistrate's prior permission (BNSS Section 43(5)).

• No torture or forced confession: a confession made to police is not admissible as evidence against you.

Police detained me – what to do?

1. Stay calm. Do not resist physically, even if you think the detention is wrong.

2. Ask: "Am I detained or arrested? On what grounds? Which police station?"

3. Ask the officer's name and note badge or vehicle numbers if you can.

4. Ask to inform your family and call your lawyer.

5. Read any document before signing. Do not sign blank papers. Ask for a copy of the arrest memo.

6. You can stay silent instead of answering questions that could incriminate you (Article 20(3)).

7. If you are injured or unwell, ask for a medical examination and make sure it is recorded.

What family and friends should do

1. Find out where they are. Call the local police station or district police control room and ask whether the person is held there. DK Basu guidelines require police to inform the control room of arrests.

2. Contact an advocate or free legal aid (NALSA helpline 15100, or the District Legal Services Authority).

3. Note the time the person was picked up. This starts the 24-hour clock.

4. Visit the police station with ID. Ask to see the arrest memo and the grounds of arrest.

5. For a bailable offence, ask for release on bail at the police station itself (BNSS Section 478, formerly CrPC Section 436).

6. For a non-bailable offence, the advocate can apply for bail before the magistrate when the person is produced (BNSS Section 480, formerly CrPC Section 437).

7. If held beyond 24 hours without being produced, or if police deny holding them, file a habeas corpus petition in the High Court (Article 226) or Supreme Court (Article 32). Courts treat these as urgent.

If your rights were violated

• Complain in writing to the Superintendent of Police or Deputy Commissioner of Police.

• Complain to the magistrate when the person is produced in court.

• Approach the State or National Human Rights Commission, or the State Police Complaints Authority.

• A High Court can order compensation for illegal detention.

Helplines

• Emergency: 112

• Free legal aid (NALSA): 15100

Disclaimer: This is legal information, not legal advice, and it has not yet been reviewed by an advocate. For your specific situation, consult an advocate.

Frequently asked questions

How long can police keep me without producing me before a magistrate? No more than 24 hours, excluding travel time to the court (Article 22(2); BNSS Section 58).

What is Section 151 CrPC called now? Preventive arrest under old CrPC Section 151 is now BNSS Section 170. Detention under it cannot exceed 24 hours without a magistrate's order unless another law applies.

Can police refuse to tell my family where I am? No. Police must inform a relative or friend of the arrest and the place of custody (BNSS Section 48), and DK Basu guidelines require the information to be recorded.

Can I talk to a lawyer while in police custody? Yes. You can meet an advocate of your choice during interrogation, though not throughout it (BNSS Section 38). Free legal aid is available through NALSA (15100).

Do I have to answer police questions? You cannot be forced to be a witness against yourself (Article 20(3)). You can choose not to answer questions that could incriminate you.

How do I get someone released from police custody? For a bailable offence, ask for bail at the police station. For a non-bailable offence, apply for bail before the magistrate. If they are held illegally beyond 24 hours, file a habeas corpus petition in the High Court.

What if police say the person is not with them? Note every detail of the pick-up and contact an advocate immediately. A habeas corpus petition makes police produce the person before the court.