Arrested in India? First steps & rights — BNSS, Article 22, D.K. Basu safeguards (2026)
Plain-language first steps if you or a family member is arrested in India: call family and an advocate, Article 22 and BNSS rights (grounds of arrest, informing a relative, meeting counsel, medical exam, 24-hour production), D.K. Basu-style safeguards, police vs judicial custody, and how regular bail differs from anticipatory bail. Educational emergency orientation only — not legal advice; Adhiwakta cannot secure release or guarantee bail.
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First hour — safety and contact
If someone is being arrested or is already in custody: stay calm, note the police station, officers’ names or belt numbers if visible, and the time. Call a trusted family member and an advocate as soon as possible. If there is ongoing danger to others (violence, medical emergency), call 112. Do not resist arrest physically; do not sign blank papers. Ask for the arrest memo and a copy of any FIR or notice shown to you. This page is educational orientation for citizens — it is not a defence strategy and cannot get anyone released.
Constitutional and BNSS rights at a glance
Article 22 of the Constitution protects persons arrested or detained: among other things, the right to be informed of the grounds of arrest as soon as may be, the right to consult and be defended by a legal practitioner of one’s choice, and production before the nearest Magistrate within 24 hours (excluding journey time). The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which largely replaced the CrPC from 1 July 2024, spells out related duties for police. Exact section numbers and practice can evolve with court rulings — treat the points below as a citizen checklist, then confirm with counsel for your facts.
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Write in Hindi or English · general guidance, not legal advice
Grounds of arrest, bail intimation, and informing family (BNSS)
Under BNSS Section 47, a person arrested without warrant is to be informed of the grounds of arrest and, if the offence is bailable, of the right to be released on bail. Courts have stressed that grounds should be communicated in a language the person understands, and — especially after recent Supreme Court guidance in the Pankaj Bansal / Prabir Purkayastha line of cases — written grounds are expected, preferably at the time of arrest, or otherwise within a reasonable time and in any event early enough before remand (commonly discussed as at least about two hours before production for remand). Under Section 47(2), where bail applies, that must be intimated. Under Section 48, the police must inform a nominated relative or friend about the arrest and the place of custody, and make an entry in the prescribed book. Ask that your chosen contact be informed immediately.
Advocate during interrogation, medical exam, 24-hour rule
BNSS Section 38 recognises the right of an arrested person to meet an advocate of their choice during interrogation, though not throughout every minute of questioning in all situations — counsel should clarify the practical limits. Section 53 provides for medical examination of the accused by a medical officer. Section 58 (read with Article 22(2)) requires that a person arrested not be detained more than twenty-four hours without being produced before a Magistrate, excluding the time necessary for the journey. Keep a timeline of arrest and production. If production is delayed beyond what the law allows, that fact should be recorded and raised before the Magistrate — an advocate does this in court; a website cannot.
Arrest memo and D.K. Basu-style safeguards
The Supreme Court’s guidelines in D.K. Basu v. State of West Bengal (1997) remain a foundational checklist: prepare a memo of arrest attested by at least one witness (family or locality); inform a friend or relative; record details in a register; allow medical examination at request; send copies of documents to the Magistrate; and allow the arrestee to meet a lawyer during interrogation, among other points. Joginder Kumar v. State of U.P. (1994) cautioned that arrest should not be routine in every cognizable case. Many of these ideas are now woven into BNSS practice and police manuals — insist politely on the memo, medical exam, and intimation rights.
Police custody vs judicial custody; bail vs anticipatory bail
After production, the Magistrate may send the accused to police custody (for investigation, for a limited period as the law allows) or to judicial custody (jail under court control). ‘Regular’ bail is sought after arrest or appearance; anticipatory bail is sought when someone fears arrest and wants pre-arrest protection — see our separate guides on bail basics and anticipatory bail. Nobody can honestly guarantee that bail will be granted. Conditions, sureties, and offences (bailable vs non-bailable) all matter.
Women, children, and special care
Arrest and search of women are subject to additional safeguards under criminal procedure and police practice (including limits on night arrest except with special permission in many situations, and search by a woman officer). A person who appears to be a child should be dealt with under the juvenile justice framework, not as an ordinary adult accused — age determination and the Juvenile Justice Board process apply. If the detainee is a woman, elderly, ill, or a child, tell the duty officer and your advocate immediately. Do not overclaim rights from a blog summary; ask counsel for the exact rule that fits the facts.
What family outside can do
Note the FIR number, sections mentioned, and remand date. Engage a local criminal advocate quickly. Arrange identity proofs and address proofs for bail bonds if advised. Do not pay bribes or ‘fixers’ to unknown middlemen. Visit as per jail/police rules. If you believe illegal detention or torture occurred, medical notes and a complaint to senior officers or the Magistrate matter — again, through proper legal channels.
How Adhiwakta can help
Adhiwakta is a facilitation platform, not a law firm or emergency hotline. We cannot secure anyone’s release, file bail, appear in court, or guarantee any outcome. In an emergency, call 112 and a local advocate. Use Ask Adhiwakta (Criminal) for general guidance from an independent advocate when the immediate crisis allows, or the AI helper to organise facts. Read our guides on FIR, bail basics, and anticipatory bail. Educational only — not formal legal advice.
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Frequently asked questions
- What should I do first if a family member is arrested?
- Note the police station and time, call a trusted relative and a local advocate, ask that grounds of arrest and place of custody be informed under BNSS Sections 47–48, and seek the arrest memo and medical exam. If there is ongoing danger, call 112. Adhiwakta cannot secure release.
- Must police give written grounds of arrest?
- BNSS Section 47 requires informing the person of the grounds of arrest. Supreme Court guidance in the Pankaj Bansal / Prabir Purkayastha line of cases has stressed written grounds, in a language understood, preferably at arrest or otherwise early enough before remand. Ask counsel to raise non-compliance before the Magistrate if needed.
- Can Adhiwakta get anticipatory bail or get someone released?
- No. Adhiwakta is not a law firm, cannot appear in court, and cannot guarantee bail or release. Use Ask (Criminal) for general guidance from an independent advocate, and read our bail-basics and anticipatory-bail guides. Emergencies need local counsel and courts.
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