In specified circumstances under provisions such as Section 35 of the BNSS, an arrest may be made without a warrant. However, being named in an FIR does not make immediate arrest necessary in every case.
In particular, for offences punishable with imprisonment of up to seven years, the law sets conditions concerning the need for arrest and the recording of reasons. Where arrest is not necessary, a notice to appear has a role. Safeguards also apply, including informing the person of the grounds of arrest, providing relevant information, and producing the person before a magistrate. Special laws may prescribe separate conditions.
What should you do now?
- Calmly ask for the officer’s name, police station and the grounds for the action.
- Ask to have a family member or trusted person and a lawyer informed.
- Keep details of the notice, arrest memo and other available documents.
Which documents should you keep?
The FIR or notice, identification, the arrest memo, and any necessary health-related records.
Avoid this mistake
Physically resisting on the assumption that ‘there is no warrant, so an arrest can never take place’ may make the situation worse.
A hypothetical example
A person learns of an FIR, but no warrant is shown. This does not make arrest impossible. The person’s rights and the need for immediate legal assistance must be assessed in light of the allegations, statutory conditions and the status of any notice to appear.
Are questioning and arrest the same?
No. It is important to clarify your status, any notice, and whether you are free to come and go.
Legal basis and useful source
This is general legal information. Advice may differ depending on your facts, the applicable law and state rules.