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Police Arrest / FIR Rights

You are being arrested, detained, or facing police harassment. Know your rights during arrest and FIR procedures.

Do this now
  1. 01Stay calm and do NOT resist arrest
  2. 02Ask the police to state the reason for arrest
  3. 03Request a copy of the FIR
  4. 04Demand to see the arrest warrant (for non-cognizable offences)
  5. 05Call a family member or lawyer immediately
  6. 06You must be produced before a Magistrate within 24 hours
  7. 07You have the right to remain silent — do NOT confess under pressure
  8. 08Do NOT sign any blank papers or documents you don't understand
  9. 09Note badge numbers and names of police officers
Evidence to collect
  1. Names and badge numbers of police officers
  2. Time and location of arrest
  3. Copy of arrest memo
  4. Video or audio recording if possible
  5. Witness names and contact details
  6. Marks of physical abuse (get medical examination)
  7. Copy of FIR
Documents you need
  1. Written complaint to SP/DCP
  2. Complaint to National/State Human Rights Commission
  3. Medical report (if physically harassed)
  4. ID proof
  5. Witness statements
  6. Bail application (through lawyer)
Where to complain
  1. Senior Superintendent of Police (SSP/DCP)
  2. National Human Rights Commission — nhrc.nic.in
  3. State Human Rights Commission
  4. District Magistrate
  5. High Court (Habeas Corpus petition)
  6. Internal Affairs / Police Complaints Authority
Laws that apply
  1. Article 21 — Right to Life and Personal Liberty
  2. Article 22 — Protection Against Arrest and Detention
  3. BNSS Section 36 — Procedure of arrest
  4. BNSS Section 187 — Production before Magistrate within 24 hours
  5. BNS Section 120 — Voluntarily causing hurt to extort confession
Understanding the issue

Every citizen has fundamental rights during arrest under Article 22 of the Constitution. Police must inform you of the reason for arrest, allow you to contact a lawyer, and produce you before a Magistrate within 24 hours. You have the right to remain silent, refuse to sign blank papers, and request a medical examination if mistreated.

When to see a lawyer

Consult a lawyer IMMEDIATELY if you are arrested. You have the right to legal representation. If you cannot afford a lawyer, request free legal aid from NALSA (15100).