How people usually put it
Police took my son at night and did not say why. They called me to the station for questioning. A false case has been filed against me. I am afraid of being arrested. Police vilichu station il. Case undu, arrest cheyyumo. പോലീസ് അറസ്റ്റ് ചെയ്തു. ജാമ്യം എങ്ങനെ കിട്ടും.
Rights on arrest
Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Article 22 of the Constitution:
- The grounds of arrest must be told to the arrested person, and information of the arrest given to a relative or friend.
- The person must be produced before a Magistrate within 24 hours, excluding travel time; detention beyond that requires the Magistrate's order.
- There is a right to consult a lawyer of one's choice, and to meet the lawyer during interrogation.
- A woman is not to be arrested after sunset and before sunrise except in exceptional cases with a woman officer and the Magistrate's prior permission, and arrest of a woman is by a woman officer.
- A medical examination on arrest is a right, and injuries in custody should be recorded.
- Handcuffing is restricted to the categories the law allows.
For offences punishable with less than seven years, BNSS section 35 (formerly CrPC 41 and 41A) requires a notice of appearance instead of arrest in most cases; a person who complies with the notice should not ordinarily be arrested.
Bail
- Bailable offence: bail is a right at the police station or before the court, on furnishing a bond and sureties.
- Non-bailable offence: a bail application is made to the Magistrate or Sessions Court, and the court weighs the gravity of the offence, the evidence, the accused's record and the risk of absconding or influencing witnesses.
- Anticipatory bail (protection from arrest before it happens) is under BNSS section 482 (formerly CrPC 438), before the Sessions Court or the High Court, when there is a reasonable fear of arrest in a non-bailable case. The court can impose conditions such as joining the investigation, not leaving India without permission and not contacting witnesses.
- Where the charge sheet is not filed within the statutory period, default bail becomes a right.
Steps for the family
- Find out which station, the FIR number and the sections; the FIR is generally public and can be viewed on the Kerala Police website or obtained at the station.
- Engage an advocate straight away, or apply for free legal aid at the DLSA — legal aid is a right for a person in custody.
- Ensure the arrest memo is signed by a witness and that a relative has been informed.
- Apply for bail; carry identity and address proof of the sureties and their property or salary documents.
- If the detention or treatment is unlawful, move the Magistrate, the State Human Rights Commission, or the High Court by habeas corpus.
If you fear a false case
Do not ignore a notice; attend with a lawyer. Preserve your own evidence — messages, call records, location proof, and witnesses. Apply for anticipatory bail before arrest rather than after.
Keep ready
FIR number and copy, arrest memo, notices received, identity proof, and documents for sureties.
This guide is legal information, not legal advice, and reading it creates no advocate–client relationship. Laws change and every case turns on its own facts. For anything serious, consult an advocate — and if you cannot afford one, the District Legal Services Authority will give you a lawyer free of cost.
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