Police called me, arrested someone, or will not register my FIR
Police must follow BNSS safeguards: tell you the grounds of arrest, let you inform a relative, and produce the arrested person before a Magistrate within 24 hours. For a cognizable offence they must register an FIR, including a Zero FIR at any station.
Deadline: Production before a Magistrate within 24 hours of arrest. Default bail arises after 60 or 90 days if no charge-sheet is filed.
Do this now
- Stay calm and ask for the grounds of arrest in writing
- Inform a family member and note the police station, officer name and time
- If an FIR is refused, send a written complaint to the Superintendent of Police
- If the SP does not act, apply to the Magistrate
Documents to keep
- Copy of FIR or written complaint
- Arrest memo
- Names of witnesses
- Medical records if injured
Law that applies
- BNSS 2023 Sections 35, 47, 58 (arrest safeguards)
- BNSS Section 173 (FIR, Zero FIR)
- BNSS Section 482 (anticipatory bail)
Do I need a professional?
Always, for bail or anticipatory bail. A criminal lawyer can appear the same day.
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