When the police arrest someone, they exercise power the Constitution deliberately hedged with rights. Those rights don't enforce themselves — they work when the family knows them by name and asks for them by name. Here is the complete list.
The police MUST
- Tell him, and you, why. Grounds of arrest must be communicated to the arrested person (BNSS s.47; Art. 22(1)); in statutes covered by the Pankaj Bansal / Prabir Purkayastha line, grounds must be given in writing.
- Prepare an arrest memo — time, date, place, witness attestation (BNSS s.43; D.K. Basu).
- Inform a relative or friend of the arrest and where he is held (BNSS s.48).
- Produce him before a magistrate within 24 hours, journey time excluded (BNSS s.58; Art. 22(2)). Detention beyond that without a magistrate's order is illegal custody.
- Get him medically examined, with injuries recorded (BNSS ss.51–53).
- Allow him to consult a lawyer of his choice, including during (not throughout) interrogation (BNSS s.38; Art. 22(1)).
- Provide free legal aid if he cannot afford counsel — at the remand stage itself, through DLSA (BNSS s.341 / Legal Services Authorities Act route; Khatri and Suk Das line).
- Record reasons before arresting in offences punishable up to 7 years, where arrest is not to be routine (BNSS s.35 thresholds; Arnesh Kumar guidelines and their current enforcement, incl. contempt exposure for breach).
- Release him on station bail in bailable offences on furnishing bond (BNSS s.478).
- Special protections for women: arrest by/in presence of woman officer; after-sunset arrest only exceptionally with prior permission (BNSS s.43(5)); questioning of women at their residence (BNSS s.179(1) proviso).
- Special protections for minors: a child in conflict with law goes through the JJ Act route — apprehension, Juvenile Justice Board, not regular remand (JJ Act, 2015 ss.10–12).
The police CANNOT
- Torture, slap, or "soften up". Custodial violence is a crime; every injury must appear in the medical record. Note injuries at every mulaqat.
- Keep him in unrecorded custody — every movement runs through the station diary and case diary.
- Handcuff routinely. Handcuffing is the exception, requiring recorded justification (BNSS s.43(3) categories; Prem Shankar Shukla line).
- Compel him to confess. Article 20(3): no person accused of an offence shall be compelled to be a witness against himself. Confessions to police are inadmissible (BSA equivalents of Evidence Act ss.25–26).
- Deny production within 24 hours or obtain "consent" to skip it.
- Seize the family's phones/property without procedure — seizure memos, witnessed (BNSS seizure provisions and current position on device seizure).
- Summon women or children to the station for questioning where the law requires questioning at residence (BNSS s.179 proviso scope).
Rights that continue in custody
- Meeting his lawyer; family mulaqat per jail rules (Tihar/Rohini/Mandoli — e-mulaqat booking).
- Medical treatment, including referral for serious conditions.
- Default bail if the chargesheet isn't filed in 60/90 days (BNSS s.187(3)) — an indefeasible right if claimed before the chargesheet lands. Count the days.
- Undertrial release protections after substantial custody (BNSS s.479 incl. first-offender one-third rule and SC's retrospective-application orders).
- Speedy trial as a facet of Article 21.
If a right was violated
Document it (dates, names, injuries, witnesses), tell the magistrate at the next hearing — remand hearings exist partly for this — and preserve the medical records. Remedies range from bail arguments to compensation writs. What you do not do: argue inside the station, or sign statements you haven't read.
FAQ (for schema markup)
Can police question someone without arresting him? Yes — by written notice of appearance (BNSS s.35(3)). Attending questioning is not arrest, and arrest during such appearance has its own conditions.
Can we meet him at the police station? The nominated relative must be told where he is; meeting practice varies — his lawyer can always meet him.
Is bail possible on the very first day? In bailable offences, yes — at the station or at first production. In non-bailable offences, a bail application follows; interim protections depend on the case.
Does he have to answer every question? He must not be compelled to incriminate himself (Art. 20(3)); he should not lie; the line between the two is precisely what a lawyer is for.
What if the family can't afford a lawyer? DLSA legal-aid counsel at the remand court — free, by right. Ask the court staff.
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.