If someone is arrested or detained
Rights the Constitution and the courts recognise:
- To be told why: Article 22(1) requires the grounds of arrest to be communicated as soon as possible.
- To consult a lawyer: an arrested person can consult and be defended by a lawyer of their choice.
- To be produced before a magistrate: within 24 hours of arrest, not counting travel time (Article 22(2)). Special rules apply to preventive detention.
- To free legal aid if you cannot afford a lawyer (Article 39A and the Legal Services Authorities Act, 1987).
- Procedural safeguards from D.K. Basu v. State of West Bengal: police should wear clear identification, prepare an arrest memo that a witness attests, and inform a relative or friend of the arrest.
Practical steps:
- Stay calm and do not resist.
- Ask the officer for the reason for the arrest and note their name and number.
- Ask for a relative or friend to be told, and ask to speak to a lawyer or legal aid.
- Do not sign blank papers or documents you have not read.
- Write down the time, place and names as soon as you can. After release, keep your records and speak to a lawyer about remedies.
Read more: Can a peaceful protest lead to detention?
How to file an FIR
An FIR (First Information Report) records information about a cognizable offence and starts a police investigation. Under the BNSS it is dealt with in Section 173 (earlier Section 154 CrPC).
- Give the information: go to a police station, or use an electronic option where it is available. Under the Zero FIR rule, a station can register the information even if the offence happened elsewhere, and then transfer it.
- State the facts clearly: who, what, when, where and any witnesses. Be accurate. A false report can itself be an offence.
- Check before you sign: ask for the report to be read back to you, and sign only when it is correct.
- Get a copy: you are entitled to a free copy of the FIR.
- If the police refuse: send the information in writing to the senior police officer of the district, and you can also approach a magistrate. In Lalita Kumari v. Government of U.P., the Supreme Court held that registration is mandatory when information discloses a cognizable offence.
For non-cognizable offences, the police generally cannot investigate without a magistrate’s order. See the case library and the section finder for the old and new section numbers.
How to make a consumer complaint
The Consumer Protection Act, 2019 protects people who buy goods or services. Rights include safety, information, choice, being heard, seeking redress and consumer awareness.
- Keep evidence: bills, invoices, warranty cards, photos, emails and chat messages.
- Complain to the seller first, in writing, and set a reasonable deadline for a fix or refund.
- If unresolved, send a written notice describing the problem and what you want.
- File a complaint with the appropriate Consumer Commission (District, State or National, depending on the value of the claim). Many complaints can be filed online through the e-Daakhil portal.
- Mind the deadline: a complaint should generally be filed within two years of the cause of action (Section 69).
Check the current monetary limits and fees before you file, because they have changed over time.
Free legal aid
Under Section 12 of the Legal Services Authorities Act, 1987, certain groups are entitled to free legal services, including women, children, members of Scheduled Castes and Tribes, persons in custody, persons with disabilities, victims of trafficking and those below the income limit set by the State. Contact the District Legal Services Authority at your district court, or visit the NALSA website for current contact details.
Related drafting guides
For RTI applications and notices, see our drafting practice.