Criminal & Cyber Law
Rights During Police Investigation
What happens after an FIR, and the legal rights of a person questioned, arrested or searched.
DLP's chamber: No. 548, A Block, High Court, Lucknow
What the law says
After an FIR, the police investigate: they record statements, collect documents and other evidence, and may question or arrest suspects. For offences punishable with up to seven years, the police are generally required to issue a notice of appearance instead of arresting, unless arrest is justified on the grounds the law lists (Section 35 of the BNSS). An arrested person must be told the grounds of arrest, may consult an advocate, may have a relative informed, and must be produced before a Magistrate within 24 hours. The investigation ends with a police report (chargesheet or closure report) under Section 193 of the BNSS.
Consultation
Speak to the chamber.
Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.
Frequently Asked Questions
Do I have to answer police questions?
You must not give false information, but no one can be compelled to be a witness against themselves (Article 20(3)). Take advice before giving any statement, and read anything before you sign it.
Can I meet my advocate during questioning?
An arrested person is entitled to meet an advocate during interrogation, though not necessarily throughout it (Section 38 of the BNSS), and to consult an advocate of their choice under Article 22(1).
How long can police custody last?
Beyond the first 24 hours, custody needs a Magistrate's order. Police custody can be authorised for a total of up to 15 days, within the overall periods the law sets for detention during investigation (Section 187 of the BNSS).
What if the chargesheet is not filed in time?
If the investigation is not completed within the period the law fixes for the offence, a person in custody becomes entitled to apply for 'default' bail, provided they apply before the chargesheet is filed.
Attorneys Handling This Service
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Regular Bail
Release from custody after arrest, on a bond with or without sureties, while the case continues.
Criminal Procedure
An overview of the criminal process under the BNSS, from FIR to appeal, and the rights at each stage.