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 Rajesh Kumar Behera

Advocate Rajesh Kumar Behera

Breach of Contract, Civil, Criminal, Cyber Crime, Family, High Court, Landlord & Tenant, Property

Get Advice
Advocate Ravendra Pratap Rana

Advocate Ravendra Pratap Rana

Anticipatory Bail, Criminal, Divorce, Family, High Court

Get Advice
Advocate Santosh Jatav

Advocate Santosh Jatav

Cheque Bounce, Landlord & Tenant, Cyber Crime, Customs & Central Excise, Corporate, Consumer Court, Armed Forces Tribunal, Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Child Custody, Civil, Court Marriage, Criminal, Divorce, Documentation, High Court, Family, Immigration, Insurance, Labour & Service, International Law, Domestic Violence, GST, Succession Certificate, Motor Accident, Media and Entertainment, Wills Trusts, Revenue

Get Advice
Advocate Santosh Kumar Dash

Advocate Santosh Kumar Dash

Cyber Crime, International Law, Media and Entertainment, R.T.I, Startup, Patent, Property, Trademark & Copyright, Tax, Labour & Service, Immigration, GST, Customs & Central Excise, Corporate, Civil, Consumer Court, Banking & Finance, Anticipatory Bail, Bankruptcy & Insolvency, Cheque Bounce, Court Marriage, Criminal, High Court, Family, Insurance, Landlord & Tenant, Revenue, Wills Trusts

Get Advice
Advocate Mohmmad Vasil Siddiqui

Advocate Mohmmad Vasil Siddiqui

Anticipatory Bail, Civil, Court Marriage, Criminal, Muslim Law, Revenue, Divorce

Get Advice
Advocate Adv. Pooja S Pall

Advocate Adv. Pooja S Pall

Anticipatory Bail, Breach of Contract, Cheque Bounce, Consumer Court, Customs & Central Excise, Criminal, Domestic Violence, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Property, Recovery, Succession Certificate, Supreme Court

Get Advice
Advocate Syed Nawaz

Advocate Syed Nawaz

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Documentation, Family, High Court, International Law, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, R.T.I, Recovery, RERA, Succession Certificate, Startup, Supreme Court, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Prashant Chaturvedi

Advocate Prashant Chaturvedi

Cheque Bounce, Criminal, High Court, Divorce, Consumer Court

Get Advice
Advocate Rohan Patel

Advocate Rohan Patel

Criminal, Cyber Crime, Anticipatory Bail, Civil, Family

Get Advice
Advocate Chandrakala B Advocate Cum Notary Public

Advocate Chandrakala B Advocate Cum Notary Public

Cheque Bounce, Civil, Court Marriage, Criminal, Documentation, Motor Accident, Property, Recovery, Revenue

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.