Police & FIR

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Police filed an FIR against me. Can they arrest me?

An FIR does not mean automatic arrest. Arrest depends on the offence and legal conditions. For offences punishable up to 7 years, police usually send a notice to appear instead of arresting, unless they record specific reasons why arrest is necessary.

Police are refusing to register my FIR. What can I do?

If your complaint shows a cognizable offence (one where police can arrest without a warrant), police generally must register an FIR. If they refuse, send your written complaint by post to the district SP. If that also fails, apply to the Magistrate.

Can I file an FIR at any police station, or online?

Yes. You can report a cognizable offence at any police station, even if it happened elsewhere. This is called a Zero FIR, and it is usually sent on to the right station. You can also report electronically, but you must sign it within 3 days.

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What are my rights if I am arrested?

You must be told the grounds of arrest, in writing, and a person you choose must be informed. You can meet a lawyer and must get a medical check-up. Police must produce you before a Magistrate within 24 hours, not counting travel time.

I got a police notice to appear. What does it mean?

It usually means police want to question you instead of arresting you. If you follow the notice and keep cooperating, police generally cannot arrest you for that offence unless they record reasons. Check the notice: it should show if you are called as an accused or a witness.

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What is bail and how do I get it?

Bail is release from custody on a promise (bond) to appear whenever called, sometimes backed by a surety. For bailable offences, bail is your right. For non-bailable offences, bail is not automatic; usually the court decides, based on how serious the case is.

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I fear arrest. What is anticipatory bail?

Anticipatory bail is a court order, made before arrest, that if you are arrested you will be released on bail. If you fear arrest for a non-bailable offence, you can apply to the Sessions Court or the High Court. The court may add conditions.

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Can police arrest a woman at night?

Generally no. A woman should not be arrested between sunset and sunrise except in exceptional cases, and then a woman police officer must first get a Magistrate's permission through a written report. A male officer should not touch a woman to arrest her unless the situation requires it.

Police called me to the station as a witness. Do I have to go?

Usually yes, if you get a written order and live within that police station's area or a neighbouring one. But women, males under 15 or over 60, people with disabilities and the acutely ill cannot be made to go; police must question them where they live.

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Police misbehaved or beat me. Where do I complain?

Get medical treatment and a medical record first. Then complain in writing to the SP or Police Commissioner, a Magistrate, or the State or National Human Rights Commission. Some states also have a Police Complaints Authority. Beating someone to force a confession is a crime.