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If police stop or remove you at a protest in India, ask calmly whether you are under arrest and what legal grounds or alleged offence they are relying on. The safeguards differ: some apply specifically after arrest, while the Bharatiya Nagarik Suraksha Sanhita (BNSS) separately permits detention or removal in certain circumstances for disobeying lawful police directions. The legality of a particular action depends on the facts, applicable orders and laws, and any special statute involved.
First, find out whether you are under arrest
Being stopped, directed to leave, taken away, temporarily detained, and formally arrested are not necessarily the same thing. Do not assume that the word “detained” tells you which power police are using. Ask, calmly: “Am I under arrest? What are the grounds and alleged offence?”
Article 22(1) of the Constitution protects an arrested person from being held without being informed, as soon as may be, of the grounds for arrest. It also protects the right to consult and be defended by a lawyer of the person’s choice. Under BNSS section 47, an officer or other person making an arrest without a warrant must communicate promptly the full particulars of the offence or other grounds for the arrest.
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What to ask for if you are arrested
The grounds for arrest and legal advice
Ask police to explain the grounds and alleged offence, and state that you want to consult a lawyer of your choice. Article 22 protects that right. 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 arrangements can depend on the relevant authority and circumstances.
Notification to someone you nominate
Under BNSS section 48, you may disclose or nominate a relative, friend, or another person to be informed of your arrest and place of custody. Police must give that person notice promptly and inform the designated police officer in the district. The officer must tell you of this right when you arrive at the police station; the required information is recorded, and the magistrate must satisfy themselves that the requirements were followed. Give police the nominee’s name and contact details and ask them to make the notification.
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Production before a magistrate
Article 22(2) generally requires a person arrested and held in custody to be produced before the nearest magistrate within 24 hours of arrest, excluding the time needed to travel to court. 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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What police may do under a direction at a protest
BNSS section 172 requires people to comply with lawful police directions given while officers perform duties under the relevant chapter. It authorizes an officer, in specified circumstances, to detain or remove a person who resists, refuses, ignores, or disregards such a direction. The person may be taken before a magistrate; in petty cases, the statute provides for release as soon as possible within 24 hours. PRS Legislative Research notes that the provision does not define “occasion is past.”
This is not blanket authority to detain every protester. Whether a direction was lawful and whether the circumstances meet the statutory conditions depend on the facts, including applicable local orders. Participation in a protest alone does not decide whether a particular police action is lawful, and peaceful participation does not guarantee immunity from action.
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Bail depends on the offence
For an arrest without warrant for an offence other than a non-bailable offence, BNSS section 47 requires police to inform the arrested person of the entitlement to bail and that sureties may be arranged. BNSS section 478 provides for release on bail in the cases it covers, subject to statutory terms. Whether an offence is bailable is a legal classification; the alleged offence and any applicable special law matter, so arrest does not mean that immediate release is guaranteed.
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Ask for care if you are hurt or unwell
BNSS section 56 says: “It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused.” Tell the custodian clearly about an injury, illness, medication, or other urgent medical need, and ask for medical attention.
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A Meghalaya Police page reproducing Supreme Court arrest guidelines says that, if an arrestee requests it, they should be examined at arrest and major and minor injuries recorded. If it is safe and possible, note the time and place, officer identification, witnesses, and any paperwork, and tell your lawyer. That police-hosted page reproduces the guideline; it is not a substitute for checking the controlling judgment in a particular case.
A calm checklist for the encounter
- Ask: “Am I under arrest? What are the grounds and alleged offence?”
- Say that you want to consult a lawyer of your choice.
- If arrested, name a relative, friend, or other person and ask police to notify them of the arrest and place of custody.
- State any injury or medical need and ask for examination or care.
- If safe, keep track of when and where you were taken and retain paperwork or case details provided.
- If held, ask when you will be produced before a magistrate and contact local counsel or the state or district legal services authority.
These are practical prompts based on constitutional and statutory safeguards, not a determination that a particular stop, removal, or arrest is lawful or unlawful. For an active case, seek advice from a lawyer familiar with local orders and the law being invoked.
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