Can Police refuse to file an FIR saying "Not in our jurisdiction"?
NO! Police MUST register a "Zero FIR" regardless of where the crime took place.
- • A "Zero FIR" can be lodged at ANY police station in India, irrespective of jurisdiction.
- • The station registers it with number "0" and later transfers it to the appropriate local station after preliminary action.
- • Supreme Court in Lalita Kumari ruled registration of FIR is mandatory if a cognizable crime is reported.
- • Under Section 166A IPC / Section 199 BNS, any police officer refusing to register an FIR faces up to 2 years in prison.
- Tell the duty officer: "Kindly register a Zero FIR. Under the Supreme Court's Lalita Kumari mandate, you cannot refuse."
- If the SHO refuses, send a written complaint by registered post or email to the District Superintendent of Police (SP) under CrPC 154(3).
- You can also approach the Judicial Magistrate under Section 156(3) CrPC.
What rights do you have if police try to arrest you?
You have the right to know grounds of arrest, right to a lawyer, right to inform family, and production before Magistrate within 24 hours.
- • Police officer MUST prepare an Arrest Memo (Section 41B CrPC) signed by at least one witness and countersigned by you.
- • Officer must wear clear nameplate and rank designation.
- • Right to have one friend, relative, or lawyer notified immediately of your arrest and detention place (Section 41D CrPC).
- • Medical examination by a medical officer must be conducted every 48 hours to record physical condition and prevent torture (Section 54 CrPC).
- Ask: "Under which Section and offence am I being arrested?"
- Verify the Arrest Memo and ensure exact time and place are mentioned before signing.
- Request to contact family and an advocate immediately under Section 41D.
- Demand an immediate medical examination under Section 54 CrPC.
Can Police torture or force you to sign a confession?
NO. Forced confessions to police are legally inadmissible in court, and you have a Fundamental Right to Silence.
- • Article 20(3) guarantees that no person accused of any offence shall be compelled to be a witness against himself.
- • Confessions made to a police officer are 100% inadmissible as evidence in court under Section 25 of Evidence Act.
- • Supreme Court in Selvi v. State of Karnataka held that involuntary narco-analysis, polygraph, and brain mapping violate Article 20(3).
- Maintain calm composure and exercise your right to silence: "I will make statements only before my lawyer or the Magistrate."
- Never sign blank papers or papers you have not read thoroughly.
- Inform the Magistrate immediately during your 24-hour remand hearing if torture occurred.
Can police handcuff you on the road or in public during routine arrest?
NO. The Supreme Court has ruled that routine handcuffing is unconstitutional and violates human dignity.
- • Supreme Court ruled that handcuffing is prima facie inhuman and contrary to Article 21.
- • Police cannot handcuff an accused unless there is a clear, documented risk of violence or escape, AND prior judicial magistrate permission is obtained.
- • Parading handcuffed citizens in public to humiliate them is illegal and penalizes police personnel.
- Politely object: "Under Supreme Court rulings in Prem Shankar Shukla case, routine handcuffing is unlawful. Do you have magistrate sanction?"
- Inform your lawyer and raise the illegal handcuffing before the Magistrate.
Can police call you to the police station without a formal written notice?
NO. For offenses punishable with up to 7 years imprisonment, police MUST serve a formal Section 41A CrPC / 35 BNSS notice specifying time and allegations.
- • Supreme Court in Arnesh Kumar ruled that verbal or phone summons are not lawful.
- • If you comply with the written notice and cooperate, police CANNOT arrest you without special magistrate approval.
- If police call on phone, state: 'Sir, please issue a formal notice under Section 41A CrPC/35 BNSS and I will gladly appear with my advocate.'
- Always attend with an acknowledgment copy signed by the investigating officer.
Are you entitled to a free certified copy of an FIR immediately after filing?
YES. Under Section 154(2) CrPC / Section 173(2) BNSS, the informant is entitled to a certified copy of the FIR immediately and completely FREE of cost.
- • Police cannot charge fees or make you wait days for an FIR copy.
- • All state police portals must upload FIRs online within 24 to 48 hours as per Supreme Court in Youth Bar Association.
- Wait at the police station until the FIR is registered in the General Diary.
- Politely assert: 'Sir, please provide the free copy of the FIR with GD number under Section 154(2) CrPC / 173(2) BNSS.'
Can police force children under 15, women, or seniors above 65 to visit the police station for questioning?
STRICTLY PROHIBITED. Under Section 160 CrPC / Section 179 BNSS, women, children under 15, and persons above 65 CANNOT be called to a police station; they can only be examined at their home.
- • Investigating officer must visit the person's residence in the presence of parents or guardians.
- • Police calling a woman or minor to a police station for routine questioning violates statutory law.
- Inform the officer: 'Under Section 160 CrPC / 179 BNSS, I am exempt from visiting the police station. You may visit my residence to record statements.'
- Ensure a family member or legal counsel is seated next to the witness during the visit.
Is a confession made to a police officer admissible as evidence in court?
NO. Confessions made to any police officer are completely inadmissible in court to prevent custodial torture and forced signatures.
- • Only confessions recorded before a Judicial Magistrate under Section 164 CrPC / 183 BNSS (after warning) are admissible.
- • Any paper police force you to sign while in lockup has zero evidential weight.
- Never panic if an officer coerces you to sign blank papers in lockup.
- As soon as you are produced before the Judicial Magistrate, state immediately: 'Your Honour, police coerced signatures from me under threat.'