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: If police illegally detain someone at a protest site, you can contact advocates on the ground, file a habeas corpus petition, or approach the nearest magistrate. The law strictly prohibits arbitrary arrest. Acting fast is key — your first call should be to a lawyer who handles criminal law daily.
It was a tense Tuesday afternoon in early March 2025. People were gathering near the historic Clock Tower Square in Jaipur for a peaceful demonstration. Within hours, local police began rounding up attendees — including those just walking by. One such person was Priya Verma, a 34-year-old school teacher who had stopped to observe. She was shoved into a van, no grounds given.
Her husband, Rohan Gupta, panicked. He called the police station. No help. He then approached the Chamber of Advocate Sudhir Rao. Earlier efforts to contact local lawyers had failed — they didn't know the protest laws or how to respond under BNSS. Advocate Sudhir Rao and his office acted within an hour, filing an urgent habeas corpus petition before the Jaipur Bench of the Rajasthan High Court. The court issued notice, and Priya was released the next morning. No charges were filed.
The difference? Domain expertise. Advocate Sudhir Rao's office knew the exact procedure — from the Section 173 BNSS complaint to the writ jurisdiction — and moved fast. A general practitioner might have waited days. This case shows why specialised knowledge in criminal procedure matters so much in detention cases.
Key Facts of the Case
- Priya Verma was detained at Clock Tower Square, Jaipur, during a peaceful protest in March 2025.
- Police did not provide any reason for detention — no arrest memo, no grounds recorded.
- Rohan Gupta first contacted local police but received no information for over 6 hours.
- Initial calls to non-specialist lawyers yielded no clear strategy — they suggested waiting for morning court.
- Advocate Sudhir Rao and his office filed a habeas corpus petition before the Rajasthan High Court within 3 hours of being contacted.
- The court issued a notice returnable the next day; the petitioner was released unconditionally by 11 AM.
- No FIR was registered against the petitioner — the detention was found to be without legal authority.
The Direct Legal Answer
Here's what you need to know if you or someone you know witnesses illegal detention at a protest site.
How can I contact a lawyer at the protest site?
Look for legal aid tents or known human rights lawyers. Many law firms and NGOs set up help desks at major protest sites. Ask other protesters — word spreads fast. Also check social media channels of local bar associations; they often post emergency contact numbers.
What if police are detaining people going to the site?
That's illegal. Police cannot detain someone without a valid reason — no preventive detention is valid without following BNSS procedures. If you see this happening, note the police vehicle number, time, and location. Immediately call a criminal law advocate. File a written complaint at the nearest police station under Section 173 BNSS. If they refuse, approach the Superintendent of Police or file a private complaint before a magistrate under Section 175(3) BNSS. And here's the thing — don't wait. Hours matter in such cases.
What if I myself am detained?
Demand to know the grounds of arrest. Ask for a copy of the arrest memo. Exercise your right to silence. Do not sign anything you don't understand. Ask to contact a lawyer immediately — this is your right under Article 22 of the Constitution. If you're held beyond 24 hours without being produced before a magistrate, that's illegal.
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.
First, act immediately. The longer a person is in illegal custody, the harder it becomes. Second, collect evidence — videos, photos, witness names. Third, don't try to negotiate with police on your own. They're trained to handle this. Make no mistake, this type of detention case requires an advocate who handles criminal law regularly — the procedural nuances around habeas corpus, arrest protocols, and BNSS compliance are often missed by general practitioners.
Applicable Sections of Law
- Section 43 BNSS — Arrest without warrant by police officer: police must have reasonable suspicion or credible information. Arbitrary detention violates this.
- Section 57 BNSS — Arrested person must be produced before a magistrate within 24 hours. Violation renders detention illegal.
- Section 68 BNSS — Rights of arrested person: includes right to inform a relative/friend, right to consult a lawyer, and right to medical examination.
- Article 21 of the Constitution — Right to life and personal liberty: no person shall be deprived of liberty except according to procedure established by law. Landmark cases like Maneka Gandhi v. Union of India, 1978 make this clear.
- Article 22 of the Constitution — Right to be informed of grounds of arrest, right to consult and be defended by a lawyer, and right to be produced before a magistrate within 24 hours.
Punishment and Penalties
This section covers the potential consequences for police officials who carry out illegal detention. Under Section 318 BNS (wrongful confinement), the punishment is imprisonment up to one year, or fine, or both. If the detention extends beyond 10 days, imprisonment may extend up to three years, along with fine. However, in practice, courts often issue disciplinary notices or initiate contempt proceedings against erring officials. Illegal detention is a cognizable, non-bailable, and non-compoundable offence — meaning police can arrest the official without a warrant, and the case cannot be settled out of court.
Jurisdiction — Where to File the Case
For illegal detention, you have two primary routes. First, file a habeas corpus petition before the High Court under Article 226 of the Constitution — this is the fastest remedy. The jurisdiction is where the detention occurred or where the detainee is held. Second, file a criminal complaint under Section 173 BNSS at the police station where the detention happened. If police refuse to register the complaint, approach the Superintendent of Police or file a private complaint before the jurisdictional magistrate. Jurisdiction matters because filing in the wrong court delays relief. And in detention cases, delay can be devastating.
What if Police Refuse to File FIR?
It happens. Police may refuse to register your complaint about illegal detention — especially if they're involved. Here's your roadmap:
- Submit a written complaint to the Superintendent of Police (SP) under Section 173(4) BNSS. The SP can direct the station to register an FIR.
- If the SP doesn't act, file a private complaint before the jurisdictional magistrate under Section 175(3) BNSS. The magistrate can order investigation.
- As a last resort, file a writ petition before the High Court under Article 226 — especially if the grievance is serious and systemic.
- Simultaneously, file a habeas corpus petition if the person is still in custody.
Rights of the Accused
Even when someone is detained — allegedly illegally — the person detained has rights. Here are the key ones:
- Right to remain silent — Article 20(3) prohibits self-incrimination. No one can be compelled to be a witness against themselves.
- Right to legal representation — Article 22 guarantees the right to consult and be defended by a lawyer of their choice.
- Right to be produced before a magistrate — within 24 hours of arrest, under Section 57 BNSS.
- Right to know grounds of arrest — the arresting officer must inform the person of the full grounds. A copy of the arrest memo must be given.
- Right to inform a relative or friend — under Section 68 BNSS, the arrested person must be allowed to inform someone about their detention.
Bail Provisions
If a person is illegally detained, bail is usually not the primary remedy — habeas corpus is. But if an FIR is registered and the person is arrested lawfully, bail provisions apply. For offences under Section 318 BNS, the offence is bailable, meaning bail is a right and not at the discretion of the court. The person can apply for regular bail before the magistrate under Section 480 BNSS. For more serious offences, anticipatory bail under Section 482 BNSS may be sought if there is a fear of arrest. In illegal detention cases, the detention itself is the problem — so habeas corpus remains the fastest and most effective route.
Quashing of FIR / Case
If an FIR is registered against the detained person — for example, for unlawful assembly or obstructing public way — the FIR can be quashed. The High Court has inherent powers under Section 528 BNSS to quash FIRs where no prima facie offence is made out. Common grounds include: the FIR is vague, lacks specific allegations, or is malicious. If the detention was clearly illegal and the only charges are fabricated, quashing the FIR is a viable strategy. However, this is a discretionary remedy — the court may not quash if there is even a prima facie case. That's why early evidence collection (videos, witness statements) is critical.
How the Police Behave in Such Cases
At protest sites, police often act under pressure — from superiors, local administration, or political masters. Their attitude can range from dismissive to outright hostile. They may refuse to register complaints, claim "preventive detention" under vague grounds, or even threaten legal action against complainants. In our experience, police frequently deny having detained anyone. That's why you need to act fast — video evidence, independent witnesses, and immediate legal intervention disrupt their narrative. A lawyer with criminal law experience knows exactly what buttons to push — and which officers to approach.
Timeline of Legal Process
- Day 1: Detention occurs. Family/contact calls a lawyer. Habeas corpus petition drafted and filed within hours (best case) or next morning.
- Day 1-2: Court issues notice. Police must produce the detainee or explain location. If detained illegally, release is usually ordered within 24 hours of petition.
- Week 1-2: If FIR registered, investigation begins. Police record statements, collect evidence. Bail application filed if needed.
- Month 1-3: Chargesheet filing (if case proceeds). First hearing before magistrate.
- 3-12 months: Trial if case not quashed. Framing of charges, evidence, arguments.
- Beyond: Appeals to Sessions Court or High Court if convicted. But in illegal detention cases, the focus is on immediate release — not long trials.
How Long Will the Investigation Take?
For offences like wrongful confinement, the investigation is usually quick — police must submit a chargesheet or closure report within 60 days of arrest. If the detainee is released and no FIR is registered, the investigation doesn't even start. In our client's case, the matter was resolved within 24 hours — no investigation needed because no crime was committed.
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?
Illegal detention is a criminal offence — not a civil dispute. So it cannot be "settled" in the same way a contract dispute can. However, if the police realise their action was unjustified, they may release the person without any conditions. In some cases, a compromise can be recorded with the victim, and the court may consider it while quashing any related FIR. But the core remedy — securing release — is always through court orders. Mediation or Lok Adalat are not typical routes for illegal detention cases. That's why you need a lawyer who knows the criminal court terrain — not a mediator.
Common Mistakes People Make
- Waiting too long: Every hour in illegal custody weakens the case. Act within minutes, not hours.
- Destroying evidence: Footage, photos, witness contacts — preserve everything. Police may claim you resisted arrest or incited violence.
- Signing documents under pressure: Don't sign anything without a lawyer. Police may try to get you to admit to something you didn't do.
- Speaking to the media without counsel: One wrong quote can become evidence against you. Stay quiet until your lawyer says it's okay.
- Posting on social media about the incident: Screenshots can be used against you. Don't narrate your version online before the court process begins.
- Engaging an advocate without domain experience: This is critical. A general practitioner may not know the nuances of habeas corpus, BNSS procedures, or how to extract a detainee fast. Domain-specific experience means your lawyer knows which judge to approach, what urgent orders to seek, and how to counter police narratives effectively. A non-specialist might waste days on procedural delays — days you might not have.
FAQs People Normally Have
Can police detain me without a reason at a protest?
No. Police need a valid legal ground — like reasonable suspicion of an offence or a warrant. Preventive detention is permitted only under strict conditions, not for peaceful protest.
What is habeas corpus?
It's a Latin term meaning "you have the body." It's a court order requiring the person who has detained someone to produce them in court. It's the fastest remedy against illegal detention.
Do I need a lawyer immediately?
Yes. If you or someone you know is detained, call a criminal law lawyer immediately. Do not try to handle it yourself. Lawyers can file applications even on Sundays and holidays.
Can I get compensation for illegal detention?
Yes, if the detention is found to be wholly illegal and malicious, the High Court or Supreme Court may award compensation under Article 21. This is rare but possible.
How long can police hold someone without charging them?
Under Section 57 BNSS, a person must be produced before a magistrate within 24 hours of arrest. If not, the detention becomes illegal.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India