After you are arrested and taken to the police station, the law requires the police to follow a strict procedure — prepare an arrest memo, inform your family, allow you to contact a lawyer, conduct a medical examination, and produce you before a Magistrate within 24 hours. These are not optional courtesies; they are mandatory legal requirements under the BNSS and the Supreme Court's D.K. Basu guidelines. Understanding this step-by-step process helps you (or your family) ensure that every protection is followed.
Why this matters
The period between arrest and production before a Magistrate is when arrested persons are most vulnerable. Without the watchful eye of a court, there is a risk of custodial abuse, coerced confessions, or procedural shortcuts. The Supreme Court has repeatedly emphasised that this is precisely why the law mandates specific steps — each one is a safeguard against the misuse of State power. If you or a family member is arrested, knowing the correct procedure lets you hold the police accountable at every stage.
Step-by-step: What happens after arrest
Step 1: Arrest memo is prepared
The arresting officer must immediately prepare an arrest memo that includes:
- The date and time of arrest
- The place of arrest
- The offence for which the person is arrested
- The name and designation of the arresting officer
The arrest memo must be:
- Countersigned by the arrested person
- Witnessed by at least one person — this can be a family member of the arrested person or a respectable person of the locality
- The arrested person must also be informed that they have the right to have a relative or friend informed of the arrest
Under the D.K. Basu guidelines, the arrest memo must also mention the exact time of arrest and one copy must be sent to the nearest magistrate.
Step 2: You are informed of the grounds of arrest
Under Section 47 of the BNSS (earlier Section 50 CrPC), the police must tell you in writing the specific offence for which you have been arrested and the grounds for arrest. Under the BNSS, this communication must be in a language you understand — not just in legal jargon or a language you do not speak.
In practice: Ask the officer clearly: "What is the specific charge?" Make sure you receive a written copy of the grounds.
Step 3: Your family or friend is informed
Under Section 36 of the BNSS (earlier Section 41D CrPC), the police must immediately inform a person nominated by you about your arrest. This person can be a family member, friend, or anyone you choose.
The police must also display information about the arrest at the police station and at the district headquarters, including:
- Your name
- The offence
- The name of the person informed about the arrest
Step 4: You can contact a lawyer
You have the right under Article 22(1) of the Constitution and Section 36(d) of the BNSS to meet and consult a lawyer of your choice during interrogation. If you cannot afford a lawyer, you have the right to free legal aid through NALSA (helpline 15100).
In practice: Call your lawyer as soon as you reach the police station. If you do not have one, ask the police to contact the District Legal Services Authority for free legal assistance.
Step 5: Personal search is conducted
The police may search you upon arrival at the police station. Under Section 48 of the BNSS (earlier Section 51 CrPC):
- The search must be conducted with strict regard to decency
- Women can only be searched by a female officer
- A list of all items found on your person must be prepared
- You are entitled to a copy of this list
- Receipts must be given for any items seized
Step 6: Medical examination
Under Section 51 of the BNSS (earlier Section 54 CrPC), the arrested person must be medically examined by a registered medical practitioner. This serves two purposes:
- To document any existing injuries at the time of arrest (proof against later allegations of custodial violence)
- To assess your fitness for detention
The D.K. Basu guidelines require that the arrested person be subjected to a medical examination every 48 hours during detention, by a doctor on the panel of approved doctors maintained by the Director of Health Services.
In practice: This medical examination protects you. If you have any injuries — whether from the arrest or pre-existing — make sure the doctor notes them in the report. If you are injured or unwell, insist on immediate medical treatment.
Step 7: Your statement may be recorded
The police may record your statement under Section 180 of the BNSS (earlier Section 161 CrPC). Remember:
- You have the right to remain silent on self-incriminating questions (Article 20(3))
- You are not required to sign the police statement under Section 180
- Any confession to the police is inadmissible as evidence (Section 22 BSA)
- You should ask for your lawyer to be present during any questioning
Step 8: You are produced before a Magistrate within 24 hours
This is a constitutional mandate under Article 22(2): you must be produced before the nearest Magistrate within 24 hours of arrest, excluding the time necessary for travel. Under the BNSS, this 24-hour clock excludes travel time — a clarification that was implicit in the CrPC but is now explicitly stated.
At this stage, the Magistrate decides:
- Whether to grant bail (if the offence is bailable, bail is a right)
- Whether to authorise police custody (up to 15 days maximum for investigation)
- Whether to send you to judicial custody (regular judicial remand)
- Whether to order your release if the arrest appears unjustified
Important: If the police do not produce you before a Magistrate within 24 hours, the continued detention is illegal. Your lawyer or family can file a habeas corpus petition in the High Court for immediate release.
What if things go wrong
If no arrest memo is prepared
This violates the D.K. Basu guidelines and the BNSS. Raise this before the Magistrate during first production. It can be grounds for questioning the legality of the arrest.
If your family is not informed
This is a violation of Section 36 BNSS. Your family can approach the SP, file a complaint with the NHRC, or file a habeas corpus petition in the High Court.
If you are not produced before a Magistrate within 24 hours
The detention is unconstitutional. Your lawyer can immediately file a habeas corpus petition in the High Court under Article 226. The Magistrate can also take suo motu action if informed of the delay.
If you are beaten or mistreated
- Insist on a medical examination and ensure all injuries are documented
- Inform the Magistrate at the first production hearing
- File a complaint with the NHRC (nhrc.nic.in or 14433)
- Your lawyer can file an application before the court for compensation
Documents and resources you need
- NALSA helpline: 15100 (free legal aid)
- Emergency: 112
- NHRC: nhrc.nic.in or 14433
- District Legal Services Authority: nalsa.gov.in/lsa
- Lawyer contacts: Keep at least one lawyer's number with you and shared with family
- Family coordination: Ensure a family member knows the police station where you are held
Common myths
Myth: The police can keep you at the station as long as they want. Reality: You must be produced before a Magistrate within 24 hours. Beyond that, only a Magistrate can authorise continued detention through remand.
Myth: The police can deny you access to a lawyer. Reality: No. The right to consult a lawyer is a fundamental right under Article 22(1). The police cannot deny or delay this right.
Myth: You must sign whatever the police ask you to sign. Reality: You are not required to sign any statement under Section 180 BNSS. Never sign a document without reading it and consulting your lawyer.
Myth: The medical examination is optional. Reality: It is mandatory under Section 51 BNSS and the D.K. Basu guidelines. If the police skip it, raise this before the Magistrate.
The law behind this
| Procedure | Old Law (CrPC) | New Law (BNSS) | Mandatory? |
|---|---|---|---|
| Arrest memo | D.K. Basu guidelines | Section 36 BNSS | Yes |
| Grounds of arrest in writing | Section 50 | Section 47 | Yes — in language understood |
| Inform family | Section 41D | Section 36 | Yes — immediately |
| Lawyer access | Article 22(1) | Section 36(d) BNSS | Yes — fundamental right |
| Personal search | Section 51 | Section 48 | With decency safeguards |
| Medical examination | Section 54 | Section 51 | Yes — every 48 hours |
| 24-hour Magistrate production | Section 57 / Article 22(2) | Section 58 / Article 22(2) | Yes — constitutional |
Frequently asked questions
Can the police keep me overnight before producing me in court? Yes, if the arrest happens late at night and the Magistrate's court is not in session. However, you must be produced at the earliest available session — typically the next morning. The 24-hour limit still applies.
What is the difference between police custody and judicial custody? Police custody means you are detained at the police station for investigation (maximum 15 days as per BNSS). Judicial custody means you are sent to jail (the sub-jail or district jail) under the court's supervision. In judicial custody, the police cannot question you without court permission.
Can I get bail at the police station itself? For bailable offences, the police themselves can release you on bail under Section 478 of the BNSS (earlier Section 436 CrPC). You have a right to bail in bailable offences — the police cannot refuse if you are willing to furnish bail.
What if the police say the Magistrate is not available? They must produce you before the nearest Magistrate — even a duty Magistrate or a holiday Magistrate. Every district has a system for Magistrate availability even on holidays and weekends.
Can my family visit me at the police station? Yes. Under the D.K. Basu guidelines, a family member has the right to meet you while you are at the police station. The police cannot refuse reasonable visitation by family members.