Law4u - Made in India

Can police detain someone without informing family members?

25-Aug-2026
Criminal

Answer By law4u team

As a general rule, no. When a person is arrested or detained in accordance with law, the police are required to inform a relative, friend, or another person nominated by the arrested person about the arrest and the place of detention. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), an arrested person has the right to have a relative, friend, or another nominated person informed of their arrest. The police are also required to: Inform the arrested person of the grounds of arrest. Inform the arrested person of their right to have someone notified of the arrest. Make a record of the person who has been informed. Produce the arrested person before the nearest Magistrate within 24 hours of arrest, excluding the time necessary for the journey. The arrested person also has the right to: Consult and be defended by an advocate of their choice. Receive a medical examination in appropriate cases. Be treated with dignity and in accordance with the law. If the police fail to inform the nominated person or violate the legal safeguards relating to arrest, the arrested person may: Raise the issue before the Magistrate. Seek appropriate legal remedies before the competent court. File a complaint with senior police authorities or the State Human Rights Commission, where appropriate. In exceptional circumstances involving national security, terrorism, or other special laws, the procedure may differ to the extent specifically provided by those laws. However, any departure from the general rule must have legal authority. Therefore, in ordinary criminal cases, the police are generally required to inform a family member, friend, or another person nominated by the arrested person about the arrest and place of detention.

Answer By Anik

Dear Client, Police must follow legal safeguards when arresting or detaining a person. Under Section 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023, information regarding the arrest and place of detention must generally be communicated to a relative, friend or other nominated person. Failure to follow mandatory safeguards may be challenged before the appropriate court. The detainee also has constitutional and legal rights, including access to legal assistance. Thank you for contacting us. If you have any further queries, kindly do not hesitate to contact us again. Thank you!

Criminal Verified Advocates

Get expert legal advice instantly.

Advocate Vinod Shivhare

Advocate Vinod Shivhare

Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Media and Entertainment, Medical Negligence, Motor Accident, R.T.I, Recovery, Succession Certificate, Supreme Court

Get Advice
Advocate Mahesh Morepatil

Advocate Mahesh Morepatil

Criminal, Anticipatory Bail, Cyber Crime, High Court, Supreme Court, Cheque Bounce

Get Advice
Advocate Malkhan Singh

Advocate Malkhan Singh

Cheque Bounce, Civil, Criminal, Divorce, Family

Get Advice
Advocate Vimala Dharishini D

Advocate Vimala Dharishini D

Anticipatory Bail, Arbitration, Breach of Contract, Civil, Consumer Court, Criminal, Cyber Crime, Documentation, Family, High Court, Labour & Service, Medical Negligence, Property, Recovery, Succession Certificate, Wills Trusts, Revenue, Landlord & Tenant

Get Advice
Advocate Nishant  Lamba

Advocate Nishant Lamba

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Cheque Bounce, Child Custody, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Immigration, Insurance, Labour & Service, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Trademark & Copyright, Revenue

Get Advice
Advocate Mushtaq Ahmad Musa Mujawar

Advocate Mushtaq Ahmad Musa Mujawar

Anticipatory Bail, Cheque Bounce, Criminal, Divorce, Domestic Violence

Get Advice
Advocate Rajbali Saroj

Advocate Rajbali Saroj

Anticipatory Bail, Criminal, Civil, Cheque Bounce, Motor Accident

Get Advice
Advocate Neeraj T Narendran

Advocate Neeraj T Narendran

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Civil, Customs & Central Excise, Criminal, Cyber Crime, Domestic Violence, Family, High Court, Media and Entertainment, Motor Accident, NCLT, Property, Recovery, RERA, Child Custody, Arbitration, Divorce, Insurance, Immigration

Get Advice
Advocate Rahulkumar Bhika Jadhav

Advocate Rahulkumar Bhika Jadhav

Anticipatory Bail, Civil, Criminal, Family, Property

Get Advice
Advocate Pradeep

Advocate Pradeep

Banking & Finance, Cheque Bounce, Civil, Corporate, Criminal

Get Advice

Criminal Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.