Know Your Rights: Arrest, FIR, Bail and Free Legal Aid

Your rights under the new criminal laws in force from 1 July 2024, in plain words, with a link to the exact section for each point.

If the police arrest you

  • For offences punishable with up to 7 years, the police must have specific reasons to arrest and must record them in writing. Where arrest is not needed, they must give you a notice to appear instead. If you keep obeying that notice, you should not be arrested for that offence unless the officer records reasons why arrest has become necessary. BNSS Section 35
  • If the offence is punishable with less than 3 years and you are infirm or above 60 years of age, the police need prior permission from an officer of at least Deputy Superintendent rank to arrest you. BNSS Section 35
  • You must be told the full grounds of your arrest. If the offence is bailable, you must also be told that you are entitled to bail and may arrange sureties. BNSS Section 47
  • The police must tell a relative or friend you nominate about the arrest and where you are held, and tell you about this right at the police station. BNSS Section 48
  • You may meet an advocate of your choice during interrogation, though not throughout it. BNSS Section 38
  • The officer making the arrest must carry clear identification and prepare an arrest memo signed by a witness and countersigned by you. BNSS Section 36
  • No more restraint than necessary may be used. BNSS Section 46 Handcuffs are allowed only in serious cases listed in the law, such as habitual offenders, escape from custody, terrorism, organised crime, murder or rape. BNSS Section 43
  • You must be medically examined after arrest. BNSS Section 53
  • You cannot be kept in police custody for more than 24 hours (plus travel time to the court) without a Magistrate's order. BNSS Section 58

Arrest of women

  • Except in exceptional circumstances, a woman cannot be arrested after sunset and before sunrise. Even then, a woman police officer must first get permission, through a written report, from a Magistrate of the first class. BNSS Section 43
  • A woman's submission to custody on an oral intimation is presumed, and unless circumstances require otherwise, only a female officer may touch her to make the arrest. BNSS Section 43

Filing an FIR

  • Zero FIR: you can report a cognizable offence at any police station, whatever the place where it happened. BNSS Section 173
  • e-FIR: you can report by electronic communication. You must sign the record within 3 days. BNSS Section 173
  • You get a copy of the FIR immediately, free of cost. BNSS Section 173
  • Complaints by a woman about sexual offences are recorded by a woman officer. If the victim is disabled, the statement is recorded at her home or a place of her choice, and it is videographed. BNSS Section 173
  • If the police refuse to register your FIR, send the complaint in writing by post to the Superintendent of Police. BNSS Section 173 You can also apply to the Magistrate. BNSS Section 175
  • For offences that are not cognizable, the police record the information and send you to the Magistrate. BNSS Section 174

Bail

  • For a bailable offence, bail is your right. BNSS Section 478
  • For a non-bailable offence, the court decides. BNSS Section 480
  • If you fear arrest for a non-bailable offence, you can apply to the High Court or Court of Session for anticipatory bail. BNSS Section 482
  • An under-trial who has spent half the maximum sentence in custody must be released on bail. For a first-time offender it is one-third. This does not apply to offences punishable with death or life imprisonment. BNSS Section 479
  • If the police do not finish the investigation within the time allowed, the accused can claim bail (default bail). BNSS Section 187

Victims and witnesses

  • Every State has a victim compensation scheme for victims and their dependants. BNSS Section 396
  • Every State has a witness protection scheme. BNSS Section 398
  • A rape victim is medically examined only with her consent, and the doctor's report must be sent within 7 days. BNSS Section 184

Official helplines

This page summarises the law in plain words and links to the exact sections. It is not legal advice. For your own case, speak to a lawyer or the Legal Services Authority.

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