For many citizens, a phone call or notice from the police can cause fear and confusion. But the law of India ensures protection against arbitrary arrest and harassment, especially in cases where offences are not grave. The Supreme Court’s Arnesh Kumar vs State of Bihar (2014) judgment and the new Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) provide clear safeguards.
Offences Punishable Below 7 Years – No Automatic Arrest
The Supreme Court in Arnesh Kumar directed that:
- No automatic arrest should be made in cases where the alleged offence is punishable with imprisonment up to 7 years.
- The police must first issue a notice of appearance under Section 41A (now Section 35 of BNSS) instead of arresting.
- Arrest can be made only if the police officer records specific reasons in writing showing necessity (such as preventing further crime, ensuring presence in court, or preventing tampering of evidence).
- Magistrates are duty-bound to check compliance—no blind remand.
This means, in majority of disputes like matrimonial, property, cheque bounce, or local quarrels, police cannot pick up a person and arrest without following the due process.
Police Summons to Police Station – When Can They Call You?
Under BNSS and Supreme Court guidelines:
- Police may call you to the station for inquiry or statement recording if your presence is essential.
- They must send a written notice (Section 35 BNSS, earlier 41A CrPC) mentioning case details and date/time.
- You are legally bound to comply with such notice, but you are not required to stay beyond reasonable hours.
Women’s Rights under BNSS
The new law strengthens protections for women:
- No woman can be arrested after sunset and before sunrise, except in exceptional circumstances and with prior judicial permission.
- Statement of a woman victim/witness must ordinarily be recorded at her residence, in the presence of a female police officer or a relative.
- Women cannot be called to the police station casually; if needed, police must take special care to avoid harassment or intimidation.
- A woman can insist on the presence of her lawyer during statement recording to ensure fairness.
What You Should Do If Police Call You
- Check the Notice: Ask for a written notice with case details.
- Cooperate but Assert Rights: Attend, but remember you cannot be detained without legal grounds.
- Take Legal Assistance: Inform your advocate before appearing.
- For Women: Demand that your statement be recorded at home or safe premises if you feel unsafe.
Key Takeaway
The law balances investigation needs with personal liberty. If the offence is punishable below 7 years, police cannot arrest you casually. Arnesh Kumar Guidelines and BNSS provide vital safeguards. Awareness of these rights ensures that citizens cooperate with the law without being victimized by unlawful police actions.