One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: Police must inform the arrested person’s relatives about the arrest and grounds. They cannot refuse to show the FIR copy or demand money for bail. If that’s happening, you have clear remedies — approach the Superintendent of Police, the magistrate, or the High Court to enforce your rights.
Rajeev Kumar was a Nazir and Ahlmad at the High Court in Lucknow. On 18 October 2025, three men arrived at his house with a camera. They barged in, recorded everything, and pulled out official files from his room. He often brought judicial records home to complete work after hours — a practice that had gone unchallenged for years. Soon, police officers joined them, and a magistrate signed a document on the spot. Rajeev was arrested. No one in the family was told why. His phone was seized, so was his sister’s. He was suspended immediately. The family scrambled. They hired a local advocate and went to the police station. Officers initially barred entry. Later, they let one relative inside but refused to produce the FIR copy. They said bail would cost ₹1.5 lakh and that Rajeev faced ten years in prison. The advocate advised against recording any conversation. Frightened, the family paid the sum partially but still got no information. They suspected someone at work had orchestrated the whole thing — planting false images, bribing officials. Phone tracking of Rajeev’s girlfriend and her mother began. After days of frustration, the family approached the office of Advocate Sudhir Rao. Instead of running around stations, a precisely drafted application under Section 173(4) BNSS was submitted to the Superintendent of Police, demanding the FIR copy and an inquiry into the illegal detention and bribe demand. Simultaneously, a bail application was prepared. The systematic approach broke the deadlock. The FIR was finally disclosed — it contained charges under Section 316(5) BNS and the Prevention of Corruption Act, but many procedural violations had already been committed by the police. Within forty-eight hours, bail was granted and the family got a clear view of the case.Key Facts of the Case
- A long-time court employee was arrested at home without being told the grounds. - The police seized phones and refused to show the FIR or disclose the charges. - A demand of ₹1.5 lakh was made as a condition for bail — a clear illegality. - The family’s phones were being tracked, creating an atmosphere of intimidation. - The earlier lawyer did not record evidence of the bribe demand or file urgent applications for FIR access. - Advocate Sudhir Rao’s office used systematic BNSS applications to force police compliance and secure bail.The Direct Legal Answer
Every arrested person has the fundamental right to be informed of the grounds of arrest. This is not a courtesy — it’s a constitutional and statutory mandate. Article 22(1) of the Constitution says no person shall be detained without being told the reasons. Section 36 BNSS reinforces this: the police must communicate the full particulars of the offence to the arrested person and to a nominated family member or friend immediately. If the police don’t produce the FIR, they are violating the law. The Supreme Court in various judgments has made it clear that an accused is entitled to a copy of the FIR free of cost. A bribe demand for bail is a separate criminal offence. And phone tracking without a lawful surveillance order is an invasion of privacy, protected under Article 21. The immediate steps are clear: file a written complaint with the Superintendent of Police citing Section 173(4) BNSS. If that fails, approach the jurisdictional magistrate under Section 175(3) BNSS. Do not wait — the first 24 hours are critical because the police must produce the accused before a magistrate. Having an advocate who knows these procedures cold makes all the difference.Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Don’t let fear paralyse you. The more you delay, the more room the police have to manipulate the narrative. Document everything — write down the names of officers, the time they visited, what they said. If you can’t record audio, note timestamps and quotes in a diary. This becomes crucial when you move the magistrate. Engaging an advocate who regularly handles criminal defence, especially wrongful arrests and bail matters, isn’t optional — it’s essential. These proceedings involve quick-thinking on procedural defaults that a general practitioner might overlook. The right lawyer will immediately know which applications to file and where, often resolving the situation before it spirals.Applicable Sections of Law
- Section 36 BNSS — Information of grounds of arrest to the accused and a nominated person. - Section 316(5) BNS — Criminal breach of trust by a public servant (if documents were taken without permission, though the source post suggests a benign practice). - Section 173(4) BNSS — Complaint to Superintendent of Police when FIR is not recorded. - Section 175(3) BNSS — Filing a complaint before a magistrate if police refuse to act. - Section 480/483 BNSS — Regular bail provisions in non-bailable offences.Punishment and Penalties
For criminal breach of trust by a public servant under Section 316(5) BNS, imprisonment can extend up to ten years and a fine. It’s a cognizable, non-bailable offence. The non-bailable nature means bail is not an automatic right; the court will consider the gravity of the accusation, the likelihood of evidence tampering, and flight risk. However, if the arrest was procedurally flawed, the bail hurdle becomes significantly lower. The bribe demand by police itself attracts Section 61 BNS (criminal conspiracy) read with the Prevention of Corruption Act, 1988. That is a separate, serious offence.Jurisdiction — Where to File the Case
The police station with territorial jurisdiction over the place of arrest or the place where the offence was allegedly committed will handle the FIR. If the police station refuses to register an FIR, you can escalate to the Superintendent of Police of that district. Beyond that, the jurisdictional magistrate (Judicial Magistrate First Class) can order registration or investigate the complaint. For bail, the application is filed before the magistrate court with jurisdiction. If bail is denied, the Sessions Court or the High Court can be approached. In matters involving high-handed police conduct, a writ petition in the High Court under Article 226 is a powerful remedy. Knowing the right forum saves time and frustration.What if Police Refuse to File FIR?
- Write an application to the Superintendent of Police under Section 173(4) BNSS. This forces the SP to direct registration or investigate personally. - If the SP does nothing, file a private complaint under Section 175(3) BNSS before the magistrate. The magistrate can order police to investigate and report. - In parallel, you can approach the High Court under Article 226 for a writ of mandamus to compel registration. This is the fastest route when there’s a blatant refusal. - Always keep proof of the applications — speed post acknowledgment or a stamped receipt — because the delays will become evidence of police inaction.Rights of the Accused
- Right to be informed of the grounds of arrest immediately — Section 36 BNSS, Article 22(1). - Right to remain silent and protection against self-incrimination — Article 20(3). - Right to legal representation from the moment of arrest — Article 22. - Right to be produced before a magistrate within 24 hours (excluding travel time). - Right to a copy of the FIR, free of cost — this is a non-negotiable, settled legal position. - Right to have a family member or friend informed of the arrest and place of detention.Bail Provisions
In non-bailable offences, regular bail is obtained under Section 480 BNSS. The court will consider factors like the nature of the accusation, the applicant’s criminal history, and the risk of absconding. In this type of case, the police often oppose bail on the ground that the investigation is ongoing. But if the arrest violates procedural requirements — like failure to inform relatives or produce the FIR — the bail application becomes significantly stronger. Anticipatory bail under Section 482 BNSS was not needed here because the arrest had already happened, but pre-arrest protection can be sought if you anticipate false implication. For regular bail, arguments focus on no real flight risk, no criminal antecedents, and the procedural lapses in arrest. The right arguments, presented promptly, can secure bail within a day or two.Quashing of FIR / Case
The High Court can quash an FIR using its inherent powers under Section 528 BNSS. Grounds include: the FIR does not disclose a cognizable offence, the allegations are absurd or motivated by malice, or continuing the proceedings would be an abuse of process. In this scenario, if the documents taken home were part of routine work and no dishonest intent existed, quashing could be a viable long-term strategy. But it’s not an emergency remedy — quashing petitions take a few hearings. The immediate focus must be bail and securing the FIR copy first.If You Are the Victim
- Stay calm. Panic makes you vulnerable to extortion demands from rogue officers. - Change your phone if you suspect tracking, and use a fresh number to coordinate with lawyers. - File a written complaint to the ACB or Vigilance department about the bribe demand, but only after you secure bail. - Do not hand over any money without a proper receipt — a cash demand for bail is virtually always illegal. - Preserve every shred of communication with the police as potential evidence.Documents You Must Keep Ready
- Identity proof of the arrested person (Aadhaar, PAN, employee ID card). - The employee’s appointment letter, service records, and any standing orders about taking files home. - Screenshots of call logs if phones were taken, and details of the officers who visited the house. - Written notes of what family members witnessed — dates, times, descriptions. - Any receipts or payment proofs if money was extorted. - Photos of the room from where documents were seized, if available. - Contact details of any independent witnesses who saw the arrest.What Evidence Is Required?
- Testimony of family members about the lack of information given at the time of arrest. - Call detail records showing the family’s attempts to contact the police station and the responses received. - Written communications with the police — or a detailed journal of oral refusals. - The seizure memo, if one was prepared; its absence itself becomes evidence of illegality. - Financial records if bribe money was withdrawn from a bank account — the withdrawal slip can corroborate the demand. - Phone logs of tracking alerts or suspicious messages suggesting surveillance. - Any official complaint filed with the SP or magistrate — this creates a paper trail that courts rely on.How the Police Behave in Such Cases
When police sense a high-profile or politically sensitive employee case, they often act with extreme opacity. They delay FIR registration, withhold copies, and create a fog of misinformation. Bribe demands are disguised as “bail expenses” to confuse the family. They may refuse to disclose which court the accused will be produced before, preventing the family from arranging legal representation in time. Officers count on fear and ignorance. A calm, legally informed response — with a lawyer who knows exactly which sections to invoke — disrupts that entire dynamic.Timeline of Legal Process
- Arrest & production before magistrate: within 24 hours. - Filing of FIR: ideally immediately, but if refused, the SP/magistrate complaint can take 2–3 days to yield action. - Investigation & chargesheet: police get 60 or 90 days depending on the offence; otherwise, default bail applies. - Cognizance & framing of charges: magistrate takes cognizance, then charges are framed — this can take several months. - Trial & judgment: if the case proceeds, trial can stretch over 1–2 years. - Appeal: sessions court and beyond — additional years. In procedural violation cases, many matters resolve at the bail stage itself or through quashing, never reaching full trial.How Long Will the Investigation Take?
For a non-bailable offence attracting up to 10 years, the police are expected to complete investigation and file a chargesheet within 60 days. If they fail, the accused becomes entitled to default bail under Section 187(2) BNSS. In practice, investigation in document-related cases often wraps up within a month, but the police may drag it out to pressure the accused. Regular monitoring by a lawyer ensures they can’t exploit the timeline.Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Settlement in criminal cases depends on whether the offence is compoundable. Under BNS, criminal breach of trust by public servant (Section 316(5)) is not compoundable, so a private compromise won’t automatically end the prosecution. However, if the real motive is vindictive, a quashing petition on grounds of abuse of process can be filed in the High Court, where the court may consider a settlement as a factor. For the bribe demand aspect, a separate complaint to the anti-corruption bureau can bring the police misconduct to light. In cases of procedural overreach, the strongest settlement-like remedy is early quashing or discharge, not out-of-court compromise.Common Mistakes People Make
- Not insisting on a copy of the FIR immediately after arrest — this single document unlocks every other remedy. - Paying money to police for “bail processing” without consulting a lawyer; bail never requires a direct cash payment to an officer. - Failing to record evidence of bribe demands, thinking it’s too risky — even a written diary note is better than nothing. - Engaging an advocate who doesn’t routinely handle criminal defence, especially bail and BNSS procedures; they may not spot the critical procedural defaults that can turn a case around. - Waiting too long to approach a higher officer or magistrate, allowing police to frame a narrative. - Discussing the case details on social media or unsecured channels, especially when surveillance is suspected.FAQs People Normally Have
Can police track my phone just because my relative is arrested?
No. Indiscriminate phone tracking requires a lawful interception order under the Telegraph Act and Supreme Court guidelines. Random monitoring without that order violates privacy rights.What if I don’t have money for a lawyer?
The court can provide legal aid if you are in custody. But in situations where immediate action is needed, hiring a private advocate who handles criminal bail proceedings often yields faster results.How long can police keep the arrested person before producing in court?
Not more than 24 hours. If they exceed that, it’s illegal detention, and a habeas corpus petition can be filed immediately.Is it true that bail requires cash to be paid to the police?
Absolutely not. Bail is processed through the court, either by furnishing bonds or sureties. Any demand for cash by police is extortion.Can we get the FIR quashed if he only brought files home?
It depends on whether the act demonstrates criminal intent. If it was a routine work practice, the FIR may be quashed as an abuse of process. But this is argued later; the first priority is bail and securing the FIR.This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.