> Editorial status: AI-assisted source draft. Arrest and custody guidance is high risk. A qualified Indian criminal-law professional must review this guide before publication.

Start with the correct question

Being called to a police station, receiving a notice to appear, being detained and being formally arrested are not the same legal event. The exact document, offence, date, investigating agency and special statute can change the available rights and the correct response.

When arrest may not be required

BNSS section 35 sets out when police may arrest without a warrant. For a cognizable offence punishable up to seven years, the section requires statutory conditions and recorded reasons linked to the necessity of arrest. Where arrest is not required under section 35(1), section 35(3) provides for a notice directing the person to appear.

A person who receives a notice should preserve the complete notice, record when and how it was served, obtain legal advice, attend as lawfully required, and keep proof of compliance. Under section 35(5), a person who complies and continues to comply should not be arrested for that offence unless the officer records reasons for concluding that arrest is necessary. Failure to comply can have serious consequences.

Core protections on arrest

The BNSS text includes several distinct safeguards:

•Arrest identification and memorandum: section 36 requires the arresting police officer to bear clear identification and prepare an arrest memorandum with the required witness attestation and countersignature.
•Grounds of arrest: section 47 requires a person arrested without warrant to be told promptly the full particulars of the offence or other grounds of arrest.
•Information about bail: where the arrest is for an offence other than a non-bailable offence, section 47(2) requires information about the entitlement to release on bail and arranging sureties.
•Informing another person: section 48 requires information about the arrest and place of detention to be given promptly to a relative, friend or other nominated person and to the designated police officer.
•Access to an advocate: section 38 says an arrested person who is interrogated is entitled to meet an advocate of choice during interrogation, though not throughout the interrogation.
•Health and safety: section 56 places a duty on the custodian to take reasonable care of the arrested person's health and safety.
•Production and remand: sections 57, 58 and 187 govern production before the proper authority and judicial authorisation when investigation cannot be completed within twenty-four hours.

A practical record to preserve

If it can be done safely and lawfully, record:

•the arresting officer's name and police station or unit;
•the stated offence and grounds;
•the time and place of arrest;
•the arrest-memorandum details;
•where the person is being taken;
•who was informed and when;
•visible injuries, medication and urgent health needs; and
•the lawyer or legal-aid request and any court-production details.

Do not physically resist an arrest. Do not sign a statement that is not understood. Ask for an explanation and legal assistance. Family members should preserve documents and keep a time-stamped chronology rather than relying on memory.

Free legal aid

NALSA states that persons called for questioning and persons arrested by police can seek free legal aid under its early-access framework. A person in custody may also qualify irrespective of financial status under the Legal Services Authorities Act framework. The published guide should provide the current NALSA/District Legal Services Authority route, while checking local availability.

Limits requiring legal review

This checklist does not determine whether an arrest is lawful in a particular case. Warrants, special statutes, preventive powers, offences carrying higher punishment, age, disability, gender, military status and court orders can alter the procedure. The reviewer must also check current constitutional and Supreme Court requirements, applicable state rules and the exact transition between CrPC and BNSS.