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.
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.