Arrest, FIR, Notice: Your Legal Rights vs Police Powers in India

You have more rights than the police usually disclose. The law lays out exactly when an arrest, an FIR refusal, or a “come to the station” call is legal — and when it is not.

• Police must register an FIR for any cognizable offence (Lalita Kumari, 2014).
• Arrest is the exception, not the rule for offences with ≤ 7 years jail (Arnesh Kumar, 2014). A Section 35 BNSS notice is the default.
• Within 24 hours of arrest you must be produced before a magistrate.
• Family must be informed; arrest memo signed by an independent witness; medical examination — all mandatory under DK Basu (1997).
• Right to silence, right to a lawyer, right to a free FIR copy.
• For a complete checklist, full law citations, FAQ, and grievance routes:

→ Read the full Police Powers in India citizen guide

1. 15100 (NALSA legal aid) saved on your phone.
2. A printed sheet with your lawyer's number and family contacts.
3. A copy of the DK Basu 11-point arrest checklist (linked in the full guide).

1. Stopped on the road — ask name + station + reason; do not hand over your phone without a search warrant.
2. Asked to “come to the station” — refuse without a written Section 35 BNSS notice.
3. FIR refused — speed-post complaint to SP, then magistrate under Section 175(3) BNSS.
4. Arrested — note time, demand arrest memo, demand medical, demand 24-hour magistrate production.

Key statutory text: BNSS, 2023 (Sections 35, 36, 47, 48, 53, 58, 173). Grievance: NHRC · Free legal aid: NALSA 15100.

For step-by-step instructions and the exact statutory text, the full guide covers every scenario:

• Police Powers — full citizen guide
• File an RTI on your own arrest record
• Landmark cases on police powers

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