Police Arrest or FIR Refused? Your Rights Under BNSS

1. Step 1: At the time of arrest

   The person must be told the full grounds of arrest and, for bailable offences, the right to bail. An arrest memo must be prepared, attested by a witness and countersigned by the arrested person (Section 36 BNSS). They may meet an advocate during interrogation, though not throughout (Section 38).

2. Step 2: Within 24 hours

   Police must produce the person before the nearest Magistrate within 24 hours, excluding travel time (Section 58 BNSS; Article 22(2) of the Constitution). Note the time of arrest — it matters for any illegal detention challenge.

3. Step 3: Offences up to 7 years

   For offences punishable with up to 7 years, police should generally issue a notice of appearance under Section 35(3) rather than arrest (Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273). If you complied with a notice, arrest needs recorded reasons.

4. Step 4: Bail

   Bailable offence: bail is a right (Section 478). Non-bailable: apply to the Magistrate (Section 480) or Sessions Court/High Court (Section 483). Before arrest, apply for anticipatory bail (Section 482). If the charge-sheet is not filed within 60 or 90 days, apply for default bail (Section 187).

5. Step 5: If police refuse to register your FIR

   Police must register information about a cognizable offence; any police station can register a Zero FIR and transfer it (Section 173). If refused, send the information in writing to the Superintendent of Police (Section 173(4)), then apply to the Magistrate under Section 175(3) with an affidavit. Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1, makes FIR registration mandatory for cognizable offences.

6. Step 6: Free legal aid

   Anyone in custody is entitled to free legal aid. Contact the District Legal Services Authority or call the NALSA helpline 15100.

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