India's Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the Code of Criminal Procedure (CrPC) in 2023, governs how police must treat citizens. Your rights with police flow both from this statute and directly from the Constitution. Many violations go unreported because people don't know what they're entitled to.
Your Right to an FIR
For cognisable offences (murder, rape, theft, assault, cheating, cybercrime etc.), police MUST register your FIR immediately. Refusal is itself a punishable offence. If a local police station refuses, go to the District Superintendent of Police or file directly with the Magistrate (Section 175 BNSS / Section 156(3) CrPC).
If Police Refuse Your FIR
Get refusal in writing
Ask the officer to note the refusal in the station diary. If they won't, note the date, time, and officer's name yourself.
Go to the Superintendent of Police
File a written complaint to the SP/DCP of the district. Attach a copy of your complaint.
File a complaint before the Magistrate
Under Section 175(3) BNSS (formerly 156(3) CrPC), any Magistrate can direct the police to register an FIR.
File online
Most state police websites allow online FIR registration. For cybercrime, file at cybercrime.gov.in regardless of your state.
Your Rights During Arrest
Rights on Arrest — The Law
- Right to know the reason: Police must tell you why you're being arrested (Article 22 + Section 47 BNSS)
- Right to a lawyer: You have the right to consult a lawyer of your choice — police cannot deny this
- Right to inform a family member: Police must inform one person nominated by you of your arrest
- Right to medical examination: Both you and the arresting officer must be medically examined
- Right not to be held beyond 24 hours without magistrate's order (Article 22(2))
- Women: Can only be arrested by female officers; cannot be held in custody after sunset (with rare exceptions)
Bailable vs Non-Bailable Offences
Under Indian law, for how long maximum can police hold you after arrest without producing you before a Magistrate?
Deepak Rao
Ground Correspondent