Advocate Aayush A Family Member Has Been Arrested - First Steps (FAQ)
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What are the first things I should do after an arrest?
Find out which police station, get the FIR number and the exact sections charged, and note the arrest time - this starts the 24-hour clock within which the person must be produced before a Magistrate under the BNSS. Do not give any statement to media or on social media, and do not attempt to contact witnesses or the complainant.
Can I meet the arrested person immediately?
The arrested person has a right to inform a relative or friend of the arrest, and to consult a lawyer of choice, including during interrogation within visible but not necessarily audible distance of the police. Meeting access at the police station is generally allowed for close family, though it can be restricted in sensitive cases.
Is bail possible, and how fast?
It depends on whether the offence is bailable or non-bailable. In bailable offences, bail is a right and can often be arranged the same day at the police station or court. In non-bailable offences, a bail application must be moved before the Magistrate or Sessions Court, and anticipatory bail (if sought before arrest) follows a different process entirely - message on WhatsApp for a quick assessment of which applies.
What if the police refuse to tell us the charges or let us meet a lawyer?
This is a violation of established rights under the D.K. Basu guidelines and the BNSS - every arrested person must be informed of the grounds of arrest, and denial of legal access can be challenged before the Magistrate immediately, including through a habeas corpus petition in serious cases of undisclosed detention.
Should we try to settle or pay anything to make this go away quietly?
No - do not pay money to anyone claiming they can resolve a police matter informally; this is both ineffective and can create separate criminal exposure for you. The lawful paths are bail, anticipatory bail, quashing proceedings, or a formal compounding/settlement process recognised by the specific law involved.
What should we prepare before approaching a lawyer?
The FIR copy (you are entitled to one), any arrest memo, names of the investigating officer and police station, a factual timeline from the family's side, and identification documents for a potential surety. Having this ready at the first consultation significantly speeds up the bail process.
Discuss your specific situation
Every case has details a general FAQ cannot cover. Request a Free Initial Consultation on WhatsApp or call +91 90450 08046 to talk through your situation directly with Advocate Aayush Agarwal.