Do I have to give my name and address to the police?

Under §172 BNSS 2023 (successor to §41A CrPC), the police can require you to give your name and address — refusal under §299 BNS 2023 is itself an offence. Beyond that, you have the right to remain silent under Article 20(3) of the Constitution. Anything you say can be used against you. Politely give name + address and say: "I will answer further questions only in presence of my advocate."

When can the police arrest me without a warrant?

§35 BNSS 2023 lists the cognizable-offence cases where a police officer can arrest without warrant. Even then, §35(7) requires the police to follow the D.K. Basu v State of West Bengal (1997) 1 SCC 416 safeguards: identification by name-tag, memo of arrest signed by a witness, intimation to friend/relative, medical examination, right to consult counsel, central control room entry, etc.

What is a Zero-FIR and when do I demand one?

A Zero-FIR is an FIR registered at ANY police station regardless of territorial jurisdiction, later transferred to the correct PS. The Supreme Court in Lalita Kumari v State of UP (2014) 2 SCC 1 made FIR registration mandatory for cognizable offences. If a station refuses on territorial grounds, demand a Zero-FIR — they cannot legally refuse. §173(4) BNSS 2023 codifies this.

Police Encounter Survival Pack

If something is happening right now

Two taps. Your saved advocate. Your trusted contact. Both at once.

Call my advocate

Saved on this device only. Nothing leaves your phone until you tap above.

Your rights — in plain language

Under Bharatiya Nagarik Suraksha Sanhita (BNSS) Sections 35, 47–58 and Article 22 of the Constitution of India. These are not requests — they are entitlements.

Right to know WHY BNSS §47 · Art. 22(1)

The officer MUST tell you the grounds of arrest and whether the offence is bailable. Ask: "Sir/Madam, please tell me on what grounds I am being arrested?"

Right to inform a relative or friend BNSS §48 · D.K. Basu

As soon as you are arrested, the police MUST inform a nominated person of your choice — and tell you they have done so. Name the person clearly.

Right to a lawyer of YOUR choice BNSS §39 · Art. 22(1)

You can consult an advocate of your choosing — during questioning, throughout custody, at any hour. If you cannot afford one, the state must provide one (free legal aid via DLSA/SLSA).

Right to be produced before a magistrate within 24 hours BNSS §58 · Art. 22(2)

Excluding travel time, no one may be held in police custody beyond 24 hours without a magistrate's order. After that, only judicial custody — and only on judicial sanction.

Right to a medical examination BNSS §53–54 · D.K. Basu

On arrest and every 48 hours during custody, you are entitled to a medical examination by a registered medical practitioner. Insist this is recorded.

Right against self-incrimination Art. 20(3) · Nandini Satpathy

You cannot be compelled to be a witness against yourself. You may decline to answer any question that could incriminate you. Polite silence is your right.

What to say — and what NOT to say

Calm, polite, factual. No swearing. No running. No resisting. Words below in both languages — speak whichever is comfortable.

DO say

"Sir/Madam, may I know your name and rank, and the police station?"

"On what grounds am I being detained / arrested?"

"I would like to inform my family and contact my advocate."

"I am cooperating. Please conduct any search in the presence of independent witnesses."

"I would like to speak only in the presence of my advocate."

DO NOT say or do

DO NOT sign any blank paper, blank statement, or any document you have not read.

DO NOT volunteer information that is not directly asked. Answer only what is asked, briefly.

DO NOT run, resist, argue, swear, or get physical — even if you believe the action is wrong. Stay calm; the law is your remedy, not force.

DO NOT discuss your case with co-detainees or anyone other than your advocate. Anything you say can be used as evidence.

DO NOT offer money or accept any informal arrangement. Insist on documentation for everything — even fines and bail.

Common situations

Vehicle check / traffic stop

Pull over safely. Engine off. Hands visible on the steering wheel. Carry digital DL, RC, insurance, PUC via mParivahan or DigiLocker — these are legally equivalent to physical originals under the Motor Vehicles Act. Ask politely for the offence and the section. Pay a challan only against an official e-challan reference number. Never pay cash without a written receipt.

Station summons (called for questioning)

Under BNSS §35, you cannot be arrested simply for being summoned if the offence is punishable up to 7 years — you may be served a notice of appearance instead. Take the notice, photograph it, share with your advocate before going. Inform a family member of where you are going, when, and the IO's name. Take ID. Refuse to sign anything except the attendance register.

Witness call

A witness statement under BNSS §180 must be reduced to writing and read back to you. Insist on this. Sign only if it correctly reflects what you said. You can refuse to give a self-incriminating answer (Art. 20(3)).

Search of person or home

Ask for the search warrant unless the offence is cognizable and the officer is acting under BNSS §185. For a female: search of a female may be made only by a female officer (BNSS §51). Two independent witnesses (panchas) must be present. Demand a seizure memo with serial numbers, signatures, and a copy for you.

Save your numbers now

These power the two big buttons at the top of this page. Stored ONLY on this device's local storage — not sent to KanoonPilot, not synced. You can clear them anytime.

Advocate's name

Advocate's phone

Trusted contact's name

Trusted contact's phone

Privacy: localStorage is sandboxed to this domain on this device. Clearing browser data removes it. KanoonPilot never reads it from the server.

Once you're out — within 48 hours

Get an arrest memo + medical examination memo copy from the IO. If denied, file an RTI immediately.
Write down — in your own hand — everything you remember: times, names, words said, who was present, what was seized. Date and sign each page. Photograph each page.
Photograph any injuries, marks, torn clothing. Date-stamp via a verifiable app (timestamp on phone is sufficient).
If you were mistreated, file a complaint with the SHO's senior (DCP/SP) AND the State Human Rights Commission AND the State Legal Services Authority. All three. Same day if possible.
Talk to your advocate about an anticipatory bail application if you fear re-arrest, and a Section 482 BNSS (formerly 438 CrPC) petition if the FIR is malafide.

External help — government channels

NALSA (National Legal Services Authority): 15100 · nalsa.gov.in
Free legal aid 24×7. State helplines vary by state but 15100 is the national fallback.
NHRC (National Human Rights Commission): 14433 · nhrc.nic.in
Custodial violence, illegal detention, denial of medical care.
Women's Helpline: 181
For all women — abuse, harassment, custodial mistreatment.
Child Helpline: 1098
If a child is detained or in police presence — JJ Act protections apply.
Emergency (Police): 112
The pan-India unified emergency number.

Important: This pack is informational. It is NOT legal advice and KanoonPilot is NOT your advocate. Citations are to the Bharatiya Nagarik Suraksha Sanhita 2023 (effective 1 July 2024), the Constitution of India, and leading judgments (D.K. Basu v. State of WB, 1997; Nandini Satpathy v. P.L. Dani, 1978). For your specific situation, consult an enrolled advocate.