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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.

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