Police System, Hierarchy & Citizen Arrest Protections
Understand police rank authority from Director General of Police (DGP) to Constable, FIR registration rules, mandatory Zero FIR under BNSS Section 173(1), audio-video search requirements, and the D.K. Basu arrest safeguards.
The D.K. Basu Supreme Court Guidelines on Arrest
Statutory Rights Every Citizen Holds During Interrogation or Arrest:
- Clear Identification: Arresting officer must wear visible name badge with designation.
- Arrest Memo: An arrest memo stating exact time, date, and grounds of arrest must be prepared on the spot and signed by at least one respectable witness from the locality.
- Right to Inform: The arrested person has the right to immediately inform a family member, friend, or legal counsel of their whereabouts.
- Medical Examination: Mandatory medical checkup every 48 hours while in police custody by a certified doctor.
- 24-Hour Magistrate Rule: Article 22(2) & BNSS Section 57 strictly mandate production before the nearest Judicial Magistrate within 24 hours of arrest (excluding travel time). Detention beyond 24 hours without magistrate order is illegal confinement.
FIR Registration & Zero FIR under BNSS Section 173
Under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, any police station is bound by law to register an FIR for cognizable offences regardless of territorial jurisdiction (Zero FIR). Refusal to register an FIR is punishable under BNS Section 199.