What to Do When Police Ask You to Come to the Station: Know Your Rights
- Chirag SEHRAWAT
- 7 days ago
- 4 min read
Getting a call or notice from the police can be scary. But knowing your rights can help you handle the situation confidently and legally. Here's what you need to know.
Can Police Just Call You to the Station?
Police can call you, but they cannot force you to come unless they have proper legal authority. There's a big difference between a summons and an arrest.
Types of Police Notices:
1. Section 41A CrPC Notice (Appearance Notice) For offences punishable with less than 7 years imprisonment. You must appear, but you won't be arrested if you cooperate.
2. Section 160 CrPC Notice (Witness) If police believe you have information about a crime. You're called as a witness, not accused.
3. Section 91 CrPC Notice (Document Production) Police want you to produce certain documents or things.
4. Summons Court-issued notice requiring your appearance on a specific date.
When Must You Go?
You MUST go if:
You receive a summons from a court
You get notice under Section 41A (ignoring it can lead to arrest)
You're called under Section 160 as witness (though women cannot be called to police station – they're questioned at home)
You can REFUSE if:
Verbal phone call without written notice
Police have no legal reason
It's late at night (women cannot be arrested after sunset and before sunrise except in exceptional cases)
No proper identification shown
Questions to Ask When Police Contact You:
"What is this regarding? Which case?"
"Am I being called as a witness or accused?"
"Under which section am I being called?"
"Can you send me a written notice?"
"What documents should I bring?"
"Can I bring a lawyer?"
"What is your name and designation?"
Your Rights When Called to Police Station:
1. Right to Know Why Police must tell you the reason for calling you and the allegations.
2. Right to Lawyer You can bring a lawyer with you. For questioning, you have right to consult a lawyer.
3. Right to Remain Silent You're not obliged to answer every question. You can say "I don't know" or "I don't remember."
4. Right Against Self-Incrimination You cannot be forced to give statements that can be used against you (Article 20(3) of Constitution).
5. Right to Female Officer (for Women) Women can insist on being questioned by female officers. Women cannot be called to police station after sunset.
6. Right to Medical Examination If you're arrested, you can demand medical examination to document any existing injuries.
What to Do Before Going:
Step 1: Read the notice carefully
Step 2: Take a photo/copy of the notice
Step 3: Consult a lawyer immediately
Step 4: Inform family members where you're going
Step 5: Take these documents:
Identity proof
Notice received
Lawyer's contact details
Any relevant documents related to the case
Step 6: Dress formally and behave respectfully
What to Do at the Police Station:
DO:
Stay calm and polite
Listen carefully to questions
Think before answering
Ask for clarification if you don't understand
Insist on written records of your statement
Read your statement before signing
Note down officer's name and badge number
Check time of arrival and departure
DON'T:
Get aggressive or rude
Volunteer extra information
Sign blank papers
Accept any favors or threats
Give statements without lawyer (if accused)
Admit to anything you didn't do
Can Police Arrest You at the Station?
Police CANNOT arrest for:
Offences with less than 7 years punishment (without warrant)
Based only on suspicion
Without following arrest procedures
Police CAN arrest if:
You have a warrant against you
You're caught committing a crime
You're accused of serious offence
You obstruct police duty
You violate bail conditions
If You're Being Arrested:
Your Rights:
Right to be informed of grounds of arrest
Right to bail (for bailable offences)
Right to lawyer immediately
Right to be produced before magistrate within 24 hours
Right to inform someone about your arrest
Right against torture and custodial violence
Arrest Memo: Police must give you arrest memo with:
Reason for arrest
Time and place of arrest
Signature of witness
Your signature
Special Protections:
Women:
Cannot be arrested after sunset/before sunrise (except in exceptional cases with written permission)
Must be arrested by female officer
Cannot be called to police station as witness – must be questioned at home
Right to be examined by female doctor
Juveniles (Under 18):
Cannot be kept in police lockup
Must be sent to juvenile home
Parents/guardians must be informed
Special juvenile procedures apply
What If Police Threaten You?
If police:
Threaten arrest without legal grounds
Demand money
Use abusive language
Physically assault you
Keep you illegally detained
You can:
File complaint with Senior Police Officer/Commissioner
Approach State Human Rights Commission
File writ petition in High Court
Lodge FIR against police personnel
Approach National Human Rights Commission
When to Get a Lawyer Immediately:
You're called as accused
You're being threatened with arrest
You're asked about serious offence
Police pressure you to confess
You receive notice under serious sections (murder, rape, drugs, NDPS, etc.)
Common Mistakes People Make:
Going alone without informing anyone
Signing documents without reading
Getting scared and admitting false things
Not taking lawyer's help
Arguing aggressively with police
Running away (makes you look guilty)
Remember:
Police are doing their job, not personally targeting you
Cooperation doesn't mean compromising your rights
Politeness and firmness can coexist
Evidence matters more than statements
Innocent people have nothing to fear if they know their rights
Helpline Numbers:
Police Complaint: 100
Women Helpline: 181
Legal Aid: Contact District Legal Services Authority
Human Rights: State/National Human Rights Commission
Being called to a police station doesn't make you a criminal. Handle it smartly, know your rights, and don't let fear make you do something you'll regret. When in doubt, always consult a lawyer before going.
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