In the first 24 hours after an arrest in Delhi, establish one thing immediately: whether the person has been arrested or merely served a notice of appearance under Section 35(3) of the BNSS — because a notice is a summons, not an arrest, and the rules that follow are entirely different. Record the time, the police station, the vehicle number and the officers' names. An arrested person must be medically examined and produced before a magistrate within 24 hours of arrest, excluding travel time.
The 24 hours after an arrest are governed by a strict legal clock. The police know it. Once you know it too, you stop being helpless.
Hour 0 — The arrest
At the moment of arrest, the law requires:
- An arrest memo: time, date, place of arrest, attested by a witness — ideally a family member or a respectable person of the locality (BNSS s.43 read with D.K. Basu v. State of West Bengal).
- Grounds of arrest communicated to the person arrested (BNSS s.47; written grounds where the Pankaj Bansal / Prabir Purkayastha line applies).
- Identification of the officers: name tags/designation visible; you may ask and note names.
- If the arrested person is a woman: arrest after sunset and before sunrise only in exceptional circumstances with prior permission (BNSS s.43(5)), and only by/in presence of a woman officer.
What the family does: note everything. Time, station, vehicle number, officer names. Ask on the spot: "Is he arrested, or being taken for questioning?" If it is a notice of appearance (formerly "41A notice") (BNSS s.35(3)), he has been summoned, not arrested — different rules, calmer night.
Picked up at a protest? Most protest pickups are preventive detention (BNSS s. 170, old 151 CrPC / "Section 144" removals), not arrest — release ordinarily within hours, and the common protest offences are bailable. Ask on the spot: "arrested, in which FIR — or detained?" The full breakdown is in our guide to the rights of an arrested person.
Bail, anticipatory bail and defence work in Delhi — what happens at each stage, and how representation is structured.
Criminal litigation & bail →Hours 0–2 — At the police station
- Right to inform family: the police must inform a nominated relative/friend of the arrest and custody location (BNSS s.48). If you weren't informed and found out on your own, note that — it matters.
- Entry in the station diary of the arrest and your visit, if you go.
- Right to meet his lawyer: he may consult an advocate of his choice, including during interrogation (not throughout) (BNSS s.38).
- For offences punishable up to seven years, arrest is not meant to be automatic — the police must record reasons; the Arnesh Kumar guidelines against mechanical arrest apply (Arnesh Kumar v. State of Bihar (2014); its BNSS-era reiterations).
What the family does: carry your own ID, stay calm, do not argue inside the station. Ask for the FIR number and sections. Call a lawyer now, not tomorrow — the remand hearing may happen within hours.
Hours 2–12 — Medical examination and processing
- Medical examination of the arrested person is mandatory (BNSS ss.51–53 scope), with injuries recorded. If he had injuries or a medical condition, this record is the family's protection — ask that it be noted.
- Bailable offence? The officer in charge can and should grant station bail on a bond (BNSS s.478). Ask for it by name: "the offence is bailable; we are ready to furnish bail bonds."
What the family does: start assembling documents tonight — his ID (Aadhaar), your IDs, proof of residence, and for possible sureties: property papers or bank/salary documents. Sleep in shifts if you must; the morning is busy.
Hours 12–24 — Production before the magistrate
He must be produced before the jurisdictional magistrate within 24 hours of arrest, excluding journey time (BNSS s.58; Art. 22(2)). Production may also happen by video link in some situations.
Which court? It depends on the police station holding the case. Use the lookup: police station → court lookup tool. Delhi's eleven court districts feed six complexes — Tis Hazari, Karkardooma, Rohini, Saket, Dwarka and Patiala House (Rouse Avenue handles CBI and MP/MLA matters).
The remand hearing — the family's first battlefield. The magistrate decides: police custody, judicial custody, or release. What helps:
- A lawyer present — yours, or the free DLSA legal-aid counsel; ask the court staff for the remand/duty magistrate's legal aid advocate. It is a right, not charity.
- The lawyer opposing police remand where grounds are weak, pointing to Arnesh Kumar/Satender Kumar Antil compliance.
- If the offence is bailable — bail at this hearing itself, with bonds ready.
What the family does: reach the court complex early with all documents. Two potential sureties should come along if at all possible. Dress plainly, carry originals + photocopies.
After the hearing
- Police custody granted: limited days, counted strictly (BNSS s.187 windows). The bail application can still be moved.
- Judicial custody: he goes to Tihar/Rohini/Mandoli. The bail application is filed before the appropriate court; sureties get their papers in order meanwhile.
- Released/bailed: execute the bond the same day if possible — an unexecuted bail order keeps him inside.
The one-line rules to remember
- 24 hours to production — no exceptions worth believing.
- Bailable offence = bail is a right; say so at the station.
- Free legal aid exists at every remand court; ask for DLSA.
- Sureties with documents ready = days saved.
- Everything noted in writing beats everything remembered.
Someone in your family has been arrested?
The first 24 hours follow a strict legal clock — production, remand, bail. Get clear guidance before the production hearing.