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.'
What happens if a Station House Officer refuses to register an FIR for a serious crime?
CRIMINAL OFFENSE. Police officers refusing to register an FIR for cognizable crimes face up to 2 years imprisonment under Section 166A IPC / Section 199 BNS.
- • Constitution Bench in Lalita Kumari held registration of FIR is MANDATORY if a cognizable offense is disclosed.
- • You can send the complaint to the Superintendent of Police (SP) by registered post under Section 154(3) CrPC / 173(4) BNSS.
- • You can file a direct criminal complaint before the Magistrate under Section 156(3) CrPC / 175(3) BNSS.
- Keep an acknowledged copy of your written complaint.
- If refused, send the complaint to the District SP/DCP by registered speed post.
Must an Arrest Memo be signed by a local witness or family member during arrest?
MANDATORY. Under Section 41B CrPC / Section 36 BNSS, every arrest memo MUST be attested by at least one witness who is a family member or respectable member of the locality.
- • Arrest memo must state exact time, date, location, and offense.
- • The arrested person must countersign the memo and receive a copy.
- Demand: 'Officer, please prepare the arrest memo and have it attested by a local witness before taking me.'
Is the police required to conduct a medical examination of an arrested person every 48 hours?
MANDATORY LAW. Section 54 CrPC / Section 53 BNSS requires every arrested person to be examined by a registered medical officer immediately upon arrest and every 48 hours in custody.
- • Medical report records all pre-existing injuries to prove whether torture occurred in custody.
- • Copy of the medical inspection report must be furnished to the arrestee and Magistrate.
- Show all bruises or injuries to the doctor during examination and insist they be recorded in the Medico-Legal Case (MLC) sheet.
Is every company obligated to maintain an Internal Complaints Committee for women's safety?
YES. Any organization employing 10 or more people MUST constitute an Internal Complaints Committee (ICC) headed by a senior woman.
- • ICC must consist of at least 50% women members and include an external NGO member.
- • Employer failing to constitute an ICC faces cancellation of business licenses and statutory fines.
- Submit a written complaint to the Presiding Officer of the ICC within 3 months of the incident.
- The committee must conclude inquiry within 90 days with strict confidentiality.
Can an adult pregnant woman terminate pregnancy up to 24 weeks without spousal consent?
YES. Supreme Court in X v. Principal Secretary affirmed that reproductive autonomy belongs solely to the woman; husband or family consent is NOT required.
- • Applies equally to married and unmarried women.
- • Registered Medical Practitioners must strictly protect the woman's medical confidentiality.
- Consult a registered gynecologist at a government hospital or approved MTP clinic.
- Your medical consent alone is legally sufficient for the procedure.