Your rights
Must police inform my family about my arrest?
Short answer
Yes. Police must inform a friend or family member about your arrest and the place of detention as soon as possible.
Understanding the issue
Under BNSS Section 48 and the D.K. Basu guidelines, police are mandated to inform a friend, relative, or any person nominated by the arrested person about the arrest and the place of detention as soon as practicable. This is also a right under Article 22 of the Constitution. The arrested person has the right to have someone informed of their arrest. The police must also display the details of arrested persons at a conspicuous place in the police station. If police fail to inform your family, it constitutes illegal detention and can be challenged in court.
Laws that apply
- BNSS Section 36 — Procedure of arrest
- D.K. Basu v. State of West Bengal (1997) — Arrest guidelines
- Article 22 — Protection against arrest and detention