When someone is arrested, families often do not know where the person has been taken, what will happen next or what they can do. This guide sets out, step by step, what the law requires and what you can do in the first two days.
Rights of the arrested person
- To be told the grounds of arrest and, for a bailable offence, the right to bail (Section 47 BNSS).
- To have a relative or friend informed of the arrest and the place of detention (Section 48 BNSS).
- To meet an advocate of their choice during interrogation, though not throughout it (Section 38 BNSS).
- To a medical examination (Section 53 BNSS).
- Not to be detained beyond 24 hours without production before a Magistrate, excluding travel time (Section 58 BNSS).
Hour by hour: what usually happens
| When | What happens | What you can do |
|---|---|---|
| At arrest | Arrest memo prepared; person taken to the police station | Find out the police station, FIR number and sections. Ask for a copy of the arrest memo. |
| Within 24 hours | Production before the Magistrate (in Jammu, at the Judicial Complex, Janipur) | Be present with a lawyer. A bail application can be moved if the Magistrate has power to grant it. |
| At production | Police may seek police custody or judicial custody (remand) | The lawyer can oppose remand or ask for limits on it. |
| After remand | Person kept in police custody, or sent to jail on judicial custody | Bail applications are filed in the competent court; prepare documents and sureties. |
Remand: police custody and judicial custody
Under Section 187 BNSS, police custody can be given for up to 15 days in total, in one go or in parts, during the initial part of the detention period (the first 40 or 60 days, depending on the offence). After that, the person is in judicial custody — in jail rather than at the police station — until bail is granted or the trial ends.
Which court for bail
For bailable offences, bail is a right. For non-bailable offences, the Magistrate can grant bail in many cases. For offences punishable with death or life imprisonment, and for NDPS and POCSO offences, the application goes to the Court of Session or the special court. If bail is refused there, a fresh application can be made to the High Court at Jammu.
Papers to collect now
- FIR number, year, police station and the sections invoked.
- The arrest memo and any seizure memo.
- The person's identity documents and proof of residence.
- Details of any other cases against the person — these must be disclosed in any bail application in J&K.
- Details of two possible sureties with identity and property or income documents.
Free legal aid
Under the Legal Services Authorities Act, 1987, every person in custody is entitled to free legal services. In Jammu, the District Legal Services Authority can provide a legal-aid lawyer. You are also free to engage a lawyer of your choice.
Frequently asked questions
Can the police keep someone at the police station for more than 24 hours?
Not without the authority of a Magistrate. The person must be produced before the Magistrate within 24 hours, excluding travel time, and any further detention needs a remand order.
Can family members meet the arrested person?
The police must inform a relative or friend. Meetings in police custody are at the discretion of the police and the court; once in judicial custody, visits follow jail rules.
What should we not do?
Do not approach the complainant or witnesses — it can be treated as interference and harm the bail application. Do not sign documents at the police station without understanding them.
Last reviewed: 2026-10-15. This page gives general information about criminal procedure in Jammu and Kashmir. It is not legal advice, and every case turns on its own facts. Statutory references are to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Bharatiya Nyaya Sanhita, 2023 (BNS), with the earlier CrPC/IPC provisions in brackets where helpful.