An arrest is disorienting. By design. The accused is shouted at, hurried into a vehicle, and rarely given a moment to ask the right questions. The family receives a confused phone call and starts running between the police station and the Magistrate's court. In that confusion, fundamental rights are routinely waived.
This is a short guide for an accused person and their family in Bangalore on what the law guarantees in the first 24 hours of an arrest, under the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) — the new procedural code that replaced CrPC in July 2024 — and under the Supreme Court's decisions that survive the rewrite.
Right to know the grounds of arrest
Under Article 22(1) of the Constitution and Section 47 BNSS, no person can be arrested without being informed, as soon as may be, of the grounds of arrest. After Pankaj Bansal and Prabir Purkayastha, those grounds must be furnished in writing where the offence triggers special statutes like PMLA, and increasingly the Karnataka High Court is requiring written grounds for ordinary BNS arrests too. Insist on the written grounds. Ask the officer to record their refusal in the diary.
Right to inform a friend or relative
Section 48 BNSS (formerly Section 50A CrPC) requires the police officer making the arrest to forthwith give information about the arrest and place of detention to a nominated friend or relative. The officer is also required to make an entry of this in a register maintained at the station. This right is mandatory. It is not discretionary.
Right to a lawyer
Article 22(1) and Section 341 BNSS guarantee the right to consult and be defended by a legal practitioner of one's choice. Under D.K. Basu, the accused has the right to meet his lawyer during interrogation, though not throughout. A family member should engage counsel within hours and not wait for the next day's remand.
Right to be produced before a Magistrate within 24 hours
Article 22(2) and Section 58 BNSS together require the police to produce the arrested person before the nearest Magistrate within 24 hours of arrest, exclusive of travel time. In Bangalore, the production typically happens at the jurisdictional Magistrate's court — at Mayohall, Magadi Road, or the appropriate suburban Magistrate. Failure to produce within 24 hours makes the detention illegal and is itself a ground for habeas corpus and disciplinary action.
Right against torture and to a medical examination
Section 53 BNSS provides a right to medical examination, and Section 54 BNSS gives the accused a corresponding right to be examined by a registered medical practitioner. In Bangalore, this examination typically happens at Bowring Hospital, Victoria Hospital or another government hospital. Where there is any allegation of custodial assault, the examination should be requested in writing and the request annexed to the bail application. D.K. Basu guidelines remain binding.
Categories that need extra care
- Women cannot be arrested after sunset and before sunrise except in exceptional circumstances, and only by a woman officer — Section 43(5) BNSS
- Persons under 18 are dealt with under the Juvenile Justice Act, not BNSS — they must be produced before the Juvenile Justice Board, not the Magistrate
- Senior citizens, persons with disabilities and pregnant women are recognised as deserving of special procedural care and bail consideration
- Foreign nationals — the consulate must be informed and the right to communicate is governed both by BNSS and the Vienna Convention
Remand and the bail application
At the first production, the police will seek either judicial custody or police custody under Section 187 BNSS (formerly Section 167 CrPC). For most offences, police custody beyond 15 days is not permitted. The Magistrate is required to apply mind to the necessity of custody — a contested remand application, even at the first hearing, is rarely a wasted exercise.
Where the offence is bailable, bail is a matter of right and should be pressed at the first remand itself. Where it is non-bailable, a regular bail application under Section 480 BNSS is filed, often within days. The argument depends on the specific offence, the accused's antecedents, the role allegedly played, and the strength of the prosecution material.
What family members should do
- Note the time of arrest, the names and badge numbers of the arresting officers, and the police station
- Get the FIR copy from the police station or download it from the Karnataka State Police website
- Engage criminal defence counsel before the first remand hearing
- Carry identification, address proof and antecedents documents to court — they matter at the bail stage
- Do not give any statement to the police on behalf of the accused
- Do not contact the complainant directly
If a family member has been arrested in Bangalore, message us on WhatsApp at +91 63634 69138 with the police station and FIR number. The first 24 hours are decisive. We will tell you what to do next, and where we believe counsel is required immediately.
Discuss your matter with us.
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