If police stop, remove or hold you at a protest in India, ask calmly whether you are under arrest and what legal grounds they are relying on. A temporary detention under a police direction is not automatically the same as a formal arrest, and different safeguards apply. If you are arrested, you have important rights to be told the grounds, consult a lawyer, have someone notified and—subject to stated exceptions—be brought before a magistrate within 24 hours.
First, find out whether you are under arrest
The word “detained” does not identify the legal power police are using. You may have been stopped, directed to leave, temporarily detained or formally arrested. Ask: “Am I under arrest? What are the grounds and alleged offence?” Do not assume that every police direction is lawful or that protest participation alone makes an arrest unlawful. The legality depends on the circumstances, the direction or alleged offence, applicable local orders and whether a special law applies.
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If police say you are being detained or removed
Section 172 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) requires people to comply with lawful police directions given in the scope of the relevant chapter. In described circumstances, an officer may detain or remove someone who resists, refuses, ignores or disregards such a direction, and take them before a magistrate or, in petty cases, release them as soon as possible within 24 hours. The provision is not a blanket authority to detain every protester: whether the direction was lawful and the statutory circumstances were met depends on the facts. PRS Legislative Research notes that “occasion is past” in the petty-case provision is undefined.
If police say you are under arrest
Article 22(1) of the Constitution says an arrested person must be informed of the grounds for arrest as soon as may be and must not be denied the right to consult and be defended by a lawyer of their choice. For an arrest without warrant, BNSS section 47 requires the arresting officer or other person to communicate the full particulars of the offence or other grounds promptly. Ask what offence is alleged and request to consult a lawyer.
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Ask for a lawyer and for someone to be notified
Tell police clearly that you want to consult a lawyer of your choice. Under BNSS section 48, police must promptly notify a relative, friend or other person you disclose or nominate about your arrest and place of custody. The officer must tell you of this right when you arrive at the police station. The law also requires an entry recording who was informed, and the magistrate must satisfy themselves that the notification requirements were followed.
If you cannot afford a lawyer, ask the magistrate or your state or district legal services authority how to access legal aid. Availability and eligibility details can depend on the applicable legal-services process.
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Know the magistrate-production rule and its exceptions
Article 22(2) of the Constitution generally requires a person who has been arrested and detained in custody to be produced before the nearest magistrate within 24 hours of arrest. Time needed for the journey to the magistrate is excluded. Custody beyond that period requires a magistrate’s authority. The Constitution states exceptions for enemy aliens and people arrested or detained under a preventive-detention law.
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BNSS section 58 likewise limits detention after an arrest without warrant to a reasonable period and, without a magistrate’s special order under section 187, no more than 24 hours excluding journey time. If you are held, ask when you will be taken before a magistrate. A different legal regime or special statute may affect the analysis, so do not treat the ordinary rule as exception-free.
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Ask about bail, but do not assume release is automatic
For an arrest without warrant involving an offence other than a non-bailable offence, BNSS section 47 requires police to inform the arrested person that they are entitled to bail and may arrange sureties. Section 478 provides for release on bail in the cases it covers, subject to statutory terms. Whether an allegation is bailable is a legal classification; the alleged offence and any applicable special law matter. Ask the police and your lawyer what offence is recorded and whether bail applies.
State medical needs and document what happens
BNSS section 56 says the person holding an accused person in custody must take reasonable care of that person’s health and safety. If you are injured or unwell, state that clearly and request medical attention. The Meghalaya Police page reproduces Supreme Court arrest guidelines saying an arrestee who requests an examination should be examined at arrest and any major or minor injuries recorded. That is the wording reproduced on the police-hosted page; consult the controlling judgment for the current authoritative text.
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When safe and possible, keep track of the time and place you were taken, officer identification, witnesses and any paperwork or case details provided. Do not put yourself at risk to collect information.
Use these immediate prompts
- Ask calmly: “Am I under arrest? What are the grounds and alleged offence?”
- Say that you want to consult a lawyer of your choice.
- Name a relative, friend or other person and ask police to notify them of your arrest and place of custody.
- State any medical needs or injuries and request examination and care.
- If held, ask when you will be taken before a magistrate; contact local counsel or the state or district legal services authority as soon as possible.
These steps are practical prompts, not a determination that a particular stop, removal or arrest is lawful. For an individual case, consult local criminal counsel or the relevant legal services authority.
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