Someone has been arrested — first-hour steps
Stay calm and act in order. These are the rights and steps that matter most in the first hours after an arrest in India, in plain language.
🚨 If anyone is hurt or there is violence, call 112 now. If you cannot afford a lawyer, free legal aid is a right for persons in custody — call 15100 or ask the court/police for the legal aid (DLSA) lawyer.
Helplines for this situation
- 112Call
Emergency — police, fire, ambulance
Any immediate danger to life, violence, crime in progress, medical emergency. Works across all States/UTs (ERSS).
24×7 · also via the ‘112 India’ app / SMS · Official source
- 15100Call
NALSA free legal aid helpline
Free legal aid from Legal Services Authorities — persons in custody, women, children and others eligible under the Legal Services Authorities Act, 1987.
IVR 24×7; transfer to State/District LSA on working hours · Official source
- 1098Call
Child Helpline
A child in danger, missing, found alone, abused or in need of care and protection. Integrated with 112.
24×7×365 · Official source
- 14416Call
Tele-MANAS mental health support
Free mental-health counselling after a traumatic event — violence, fraud, arrest of a family member, a missing loved one.
Toll-free · Official source
⏱ First-hour steps
Do not resist; do not sign blank or unread papers
Physical resistance can create new charges. Read anything before signing; ask for a copy. You may politely decline to sign blank sheets.
Note the basics
Police station, officers’ names/belt numbers, time and place of arrest, FIR number and sections (BNS/BNSS; old IPC/CrPC numbers may also be written). Write them down or send them to family.
Ask for the grounds of arrest and bail information
Under BNSS s.47 the person must be told the grounds of arrest and, for a bailable offence, that they can be released on bail. Courts expect grounds in writing, in a language the person understands.
Insist a relative or friend is informed
BNSS s.48 requires police to inform a nominated relative or friend of the arrest and place of custody. Family should go to the police station with ID.
Call an advocate — or free legal aid
The arrested person may meet an advocate of choice during interrogation (BNSS s.38, with practical limits). Persons in custody are entitled to free legal services under s.12 of the Legal Services Authorities Act, 1987 — helpline 15100 or the DLSA.
Ask for the arrest memo and a medical examination
An arrest memo witnessed by a family member or local person (D.K. Basu guidelines) and medical examination (BNSS s.53) protect everyone. Report any injury to the Magistrate.
Track the 24-hour production rule
The person must be produced before the nearest Magistrate within 24 hours, excluding travel time (Art. 22(2); BNSS s.58). Note the remand date and court — the advocate can apply for bail there.
📁 Documents & evidence to keep
- ID and address proof of the arrested person (and of a likely surety)
- FIR copy (free copy is the informant’s right; accused can get it through court/advocate) and any notice served
- Arrest memo, inspection/seizure memo, medical papers
- Names and phone numbers of witnesses; timeline of events
- Prescription medicines and medical history (for the Magistrate/jail)
⛔ Avoid
- Paying ‘fixers’ or middlemen who promise release — nobody can guarantee bail
- Posting case details or accusations on social media
- Asking the arrested person to ‘just confess’ to get out faster
⚖️ The law in brief
For offences punishable up to 7 years, police are generally expected to consider a notice of appearance instead of arrest (BNSS s.35(3), earlier CrPC s.41A; Arnesh Kumar guidelines). A woman should not be arrested between sunset and sunrise except in exceptional circumstances with prior Magistrate permission (BNSS s.43(5)). A person who may be under 18 must be treated under the Juvenile Justice Act — call 1098 if a child is detained.
🏛 Official portals
When the immediate danger has passed
Ask Adhiwakta to get general guidance from an independent advocate on next steps, or start with the free AI helper to organise your facts. This is not an emergency channel.
Frequently asked questions
- What is the first thing to do when a family member is arrested?
- Find out the police station and FIR number, go there with ID, make sure police have informed you as the nominated person (BNSS s.48), ask for the grounds of arrest (s.47) and arrest memo, and contact an advocate or free legal aid (15100). If anyone is hurt, call 112.
- Can police keep someone for more than 24 hours without a court?
- No. The person must be produced before the nearest Magistrate within 24 hours, excluding journey time (Article 22(2) of the Constitution and BNSS s.58). Further custody needs a Magistrate’s remand order.
- Can Adhiwakta get someone released or arrange bail?
- No. Adhiwakta is a facilitation platform, not a law firm, and cannot appear in court or guarantee any outcome. You can Ask Adhiwakta for general guidance from an independent advocate, and use free legal aid (15100 / DLSA) in an emergency.