It is a Tuesday afternoon. The number on your phone shows the local police station. The voice on the other end says, "Sahab ne bulaya hai, bas thodi baat karni hai, aaj sham tak aa jao." You ask why. He says, "Aake hi pata chalega." You say you have a meeting. He says, "Phir kal subah aa jao, warna hum gaadi bhej denge." Your heart starts pounding. You haven't done anything. But the call has the weight of authority. You start packing your bag.
Pause. The Indian police cannot summon a citizen by an informal phone call and treat the visit as legally binding. The procedural law that governs investigations — the Bharatiya Nagarik Suraksha Sanhita 2023, which replaced the old Code of Criminal Procedure from 1 July 2024 — gives every person being called for questioning a clear set of rights. This guide walks you through those rights in the order they actually matter when the phone keeps ringing.
The Phone Call Most People Get Wrong
The single biggest mistake people make is to treat any phone call from a police station as binding. It is not. A police officer who wants you at the station for questioning is required by law to issue a written notice or a written summons. The phone call is, at best, a courtesy. The legal document is the paper.
The reason this matters is not paperwork pedantry. The written notice records the section of law under which you are being called, the time and place you must attend, the name and designation of the investigating officer, and the case in which you are required. Without it, you have no way of knowing whether you are being treated as a witness, a suspect, or someone whose name has come up in passing. With it, you can show the document to a lawyer, decide whether to attend, and prepare.
If you receive only a phone call, ask politely for a written notice or a summons. Ask the officer his name and badge number. Ask the case number — the FIR number — under which you are being called. Note these details down on the spot. If he refuses to give them, that itself tells you the call is not yet on a legal footing.
Section 35 BNSS: When the Police Can Actually Arrest You
The fear that drives most people to comply with informal phone calls is the fear of arrest. It is worth understanding when, in law, the police can in fact arrest a person without a warrant.
Section 35 of the BNSS — corresponding to old Section 41 of the CrPC — sets out when a police officer may arrest without warrant. The provision distinguishes between two situations. For offences punishable with imprisonment up to seven years, the officer must be satisfied — and record reasons in writing — that arrest is necessary on specific grounds: to prevent further offence, for proper investigation, to prevent disappearance of evidence, to prevent inducement of witnesses, or because the person will not appear before the court without arrest. Mere allegation is not enough. The officer must show why arrest, as a step, is itself necessary.
No police officer shall arrest any person without a warrant for an offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, except after recording his reasons in writing and being satisfied that such arrest is necessary on the specified grounds.
For offences punishable with more than seven years, the officer's discretion is wider, but he must still have credible information and reasonable suspicion. In every case, the recording of reasons in writing is mandatory. Where the officer cannot show why an arrest was necessary, the arrest itself is open to challenge.
The Supreme Court's directions for arrest in cognizable cases, including the requirement to record reasons and to give a memo of arrest with witnesses, have been carried into the BNSS framework. If you are ever taken into custody, the officer must allow you to inform a friend or relative of the arrest, must produce you before a magistrate within twenty-four hours, and must furnish a memorandum of arrest signed by an independent witness from the locality.
The Rule Against an Informal Phone Call: You Are Owed a Written Notice
Where the officer believes arrest is not necessary but wants you for questioning, the law gives him a different tool. Section 35(3) of the BNSS — corresponding to old Section 41A of the CrPC — empowers the officer to issue a written notice to a person against whom a reasonable complaint has been made, or against whom credible information exists, requiring him to appear at a specified time and place. The person, if he complies with the notice, shall not be arrested unless the officer, for reasons to be recorded, considers that arrest is necessary.
This notice — sometimes called the "notice of appearance" — is the document the officer should be sending you instead of phoning. It must be in writing. It must specify the time and the place. It must mention the matter under investigation. And it must be signed and stamped.
If you comply with the notice — that is, you turn up at the time and place stated — the law explicitly protects you from arrest in the same matter, unless the officer records fresh reasons. This protection is the legal answer to the everyday fear, "agar main station gaya to woh mujhe band kar denge."
So when the police call again and again over the phone, the right response is courteous but firm: "Sir, please send me a written notice under Section 35(3) BNSS with the section, time and place stated. I will come on the date and time mentioned in the notice." Most professional investigating officers will simply send the notice. The ones who refuse — those, you should pay attention to.
Your Right to a Lawyer From the Very First Visit
People often believe a lawyer is needed only after arrest, or only at the trial. The opposite is true. The right to consult a lawyer of your own choice begins from the moment a person is picked up or summoned for questioning, and the Supreme Court has recognised this right at the constitutional level.
You may take a lawyer with you to the police station. The lawyer cannot sit in the same room while your statement is being recorded by the investigating officer — that has been the position in Indian practice — but he may remain in visual range, may consult with you before each session, and may meet you during reasonable breaks. The presence of counsel calms the air. It signals to the officer that the person is informed and represented.
Where a person cannot afford a lawyer, the constitutional right to free legal aid kicks in. Every district has a Legal Services Authority that provides a panel lawyer at no cost. The District Legal Services Authority can be reached through any court complex, and many police stations now display its contact details on the notice board.
If you go alone, at minimum take an adult family member to the station gate. Sit in the public area. Do not enter inner rooms without telling someone outside. These are small precautions, but they preserve your dignity and your safety.
The Right to Stay Silent — and Why It Is Real
Article 20(3) of the Constitution of India says that no person accused of any offence shall be compelled to be a witness against himself. This is not a slogan. It is a working rule that operates from the very first day of investigation.
In practice, this means three things. One, you cannot be compelled to confess. Two, you cannot be threatened or beaten into making a statement. Three, an answer that would tend to expose you to criminal liability cannot be extracted by force. The investigating officer is entitled to ask questions; you are entitled to decline to answer those that incriminate you.
The right to silence has practical limits. If you are merely a witness — say, you happened to see something at a market — withholding factual answers can amount to a separate offence under the substantive law. The right operates fully when the questioning is directed at building a case against you. Knowing where the line falls is exactly why a lawyer should be consulted before going.
If pressure is applied — verbal abuse, slapping, threats to family, denial of food or water during questioning — these are unlawful and form the basis of independent complaints, including writs to the High Court for protection of fundamental rights. Make a contemporaneous mental note of the time, the room, and any officer present. Tell the friend waiting outside as soon as you exit.
What Happens to a Statement You Give the Police
People imagine that what they say at a police station becomes "evidence" against them. The actual position under Indian evidence law is far more limited, and worth understanding before any visit.
A statement made to a police officer in the course of investigation is recorded under Section 180 of the BNSS — corresponding to old Section 161 of the CrPC. The officer writes down the substance of what the person says. The person is not required to sign the statement. Under Indian evidence law, such a statement made to a police officer is generally not admissible as substantive evidence at the trial against the maker. It can only be used to contradict the witness if she gives a different answer in court.
Confessions made to a police officer occupy an even narrower space. Section 25 of the Indian Evidence Act — substantively replicated in the new Bharatiya Sakshya Adhiniyam — flatly states that no confession made to a police officer shall be proved as against a person accused of any offence. Section 26 goes further: a confession made by any person while he is in police custody, unless made in the immediate presence of a magistrate, is not provable. Section 24 excludes confessions caused by inducement, threat, or promise.
This statutory architecture is not an accident. It exists because the framers recognised that confessions extracted in a police station, far from a magistrate's eye, are unreliable. The practical lesson for you is the opposite of what most people fear. A statement made under pressure at the station is, in most situations, not the iron-clad proof people imagine. The law has built a wall of protection around custodial speech. What goes into the case diary may be useful to the investigation, but its evidentiary value at trial is limited.
This does not mean you should walk in and lie. Lying invites fresh sections about giving false information and complicates everything. The wiser route is to answer truthfully where you can, decline where the question goes to the heart of any allegation against you, and let your lawyer guide the rest.
What Should I Actually Do Now?
- When the police call by phone, ask politely for a written notice under Section 35(3) BNSS, with the section of law, time, place, FIR number and the IO's name and designation.
- Note down the calling officer's name, number, and the time of the call.
- Do not rush to the station the same evening. A calm response is legal compliance, not refusal.
- The moment a written notice arrives, take a clear photograph and consult a lawyer that day. Do not wait till the morning of the visit.
- Carry a government photo ID, a copy of the notice, and a small pen-and-paper diary to the station. Note timings and questions as you go.
- Take an adult family member or a friend to wait at the station gate. Tell them when you enter and when you should reasonably exit.
- Inside, behave with dignity. Answer factual questions. Where a question goes to the heart of any allegation, say politely that you would like to consult your lawyer before answering.
- If a statement is taken under BNSS Section 180, you are not required to sign it. If asked to sign, you may decline; if you do sign, write the date and time clearly.
- If you are detained beyond the period stated in the notice, ask your family member outside to immediately call a lawyer and, if needed, file a habeas corpus application.
- After you exit, write down — that day — every question asked, every officer present, and every threat or pressure applied. This contemporaneous note is gold if the matter ever escalates.
If you reach the stage where the calls are turning into threats, where a written notice is followed by demands for further visits without paperwork, or where you fear arrest, the criminal-defence team at Pinaka Legal handles BNSS Section 35 challenges, anticipatory-bail applications and notice-of-appearance compliance as a single workflow — one folder, one timeline, one lawyer reading every paper.
Going Without Panic — A Calmer Way Through the Investigation
Most investigations do not end in arrest. The vast majority of notices under BNSS Section 35(3) result in two or three visits, a recorded statement, and a closure or chargesheet that is then dealt with through ordinary process. Panic is the enemy of good decisions. The law gives you tools — the written-notice rule, the right to counsel, the right to silence on incriminating questions, the protective wall around custodial speech — to get through this period intact.
Use them. Ask for the notice. Take a lawyer. Tell a friend. Write things down. And remember that a phone call from a police station is the beginning of a process, not the end of your freedom.
Frequently Asked Questions
Is a phone call from the police a legal summons?
No. A phone call is at most a courtesy. A legally binding call to the police station for questioning has to be in writing, either as a written notice under BNSS Section 35(3) or a summons. Politely ask the officer to send you a written notice with the section, the time and place, the FIR number, and his designation. Until that paper arrives, your phone call has no formal legal weight, and a calm request for paperwork is not refusal — it is the first step every defence lawyer would advise.
Do I have to go the same day the police calls?
No. The law nowhere requires same-day attendance on a phone call. You are entitled to a written notice that specifies the date and time, and even a properly issued notice usually gives a reasonable window — typically 24 to 72 hours — to attend. Use that window to consult a lawyer, gather any documents that support your position, and arrange for a family member to accompany you to the station gate. Going in panic the same evening is the single most common mistake.
Can the police arrest me just because I refused to come on phone?
No, not for that alone. Section 35 of the BNSS requires the officer to record reasons in writing for any arrest in offences punishable with up to seven years. A polite request for a written notice is not refusal to cooperate. If the officer issues you a written notice and you fail to comply with it, the position changes — but even then, the officer must record specific reasons before arresting. Mere non-attendance after a phone call is not an offence.
Can I take a lawyer to the police station with me?
Yes. The right to consult a lawyer of your choice is recognised from the moment of summons or arrest. Your lawyer may accompany you to the station. Indian practice does not allow the lawyer to sit in the same room while a statement is being recorded under BNSS Section 180, but he can remain in visual range, can consult you before each session, and can step in if there is any irregularity. If you cannot afford a lawyer, the District Legal Services Authority provides one free of cost.
Is the statement I give to the police usable against me at trial?
Generally, no. A statement recorded by a police officer under BNSS Section 180 (old CrPC Section 161) is not admissible as substantive evidence against the maker at trial. It can only be used to contradict the witness if she says something different in court. Confessions to a police officer are barred outright by Section 25 of the Indian Evidence Act, and confessions made in police custody are barred by Section 26 unless made in the immediate presence of a magistrate. Custodial speech has a wall of protection around it.
Can the police force me to confess?
No, and any confession produced by force, threat, or inducement is excluded by Section 24 of the Indian Evidence Act. Article 20(3) of the Constitution further protects every accused person from being compelled to be a witness against himself. If physical or psychological pressure is applied, that itself is unlawful and forms the basis of an independent complaint and a writ for protection of fundamental rights. Knowing this in advance helps you stay calm even if pressure tactics are tried during questioning.
What if the police have not registered an FIR but are still calling me?
Ask under what provision you are being called. Without an FIR, there is no formal investigation, and the powers under BNSS Section 35(3) to issue a notice are linked to a reasonable complaint or credible information about a cognizable offence. If the officer cannot specify the FIR number or the section under which you are being summoned, that itself is a useful fact to record. A lawyer can then send a representation seeking clarification or, if appropriate, can advise on a writ for protection.
Is it true that I can refuse to answer some questions?
Yes, where the question goes to the heart of any allegation against you. Article 20(3) protects you from being compelled to make self-incriminating statements. The right is not a licence to refuse all questions — purely factual matters that do not expose you to liability are not covered. Use the right precisely. A polite, lawyer-advised line such as 'I would like to consult my counsel before answering that question' is recognised practice and does not amount to obstruction.
Will the police inform my employer or family that I have been called?
Usually no. Investigating officers normally do not contact employers, and the BNSS does not require them to. Information goes to the family if there is an arrest — Section 36 of the BNSS makes it mandatory for the officer to allow the arrested person to inform a friend or relative. Where you fear that a visit could be misreported to your employer, going with a lawyer and obtaining a brief receipt or record of the visit is a sensible precaution. The notice itself stays a confidential investigation document.
How long can the police keep me at the station for questioning?
The law does not contemplate prolonged station questioning of a person who is not under arrest. If a written notice has been issued for a particular time, the questioning should be reasonably proportionate. If the officer wishes to detain you beyond a few hours, that effectively becomes custody, and Section 58 of the BNSS requires the officer to produce an arrested person before a magistrate within twenty-four hours. Any detention beyond that period without production becomes wrongful and can be challenged immediately.
Can I record the conversation at the police station on my phone?
There is no statutory bar in personal premises, but recording at a working police station can be controversial and is best avoided unless your lawyer specifically advises. Many station notice boards prohibit photography and recording inside. The wiser approach is to take detailed contemporaneous notes outside, immediately after each session — every question asked, every officer present, every reference to a section. These notes carry significant evidentiary weight if the matter ever escalates to a court complaint or a writ.
What is the difference between a witness summons and a notice of appearance for police calling again and again rights?
A witness summons under BNSS Sections 63–73 is issued by a court for attendance at trial or inquiry. A notice of appearance under BNSS Section 35(3) is issued by an investigating officer during investigation, and protects the person from arrest if she complies. The person being repeatedly called for questioning is usually being summoned under Section 35(3), which is the police-stage instrument. The court summons comes later, and only after a charge sheet has been filed. Knowing which paper you have in hand decides the response.
For more articles on Indian law, visit the Pinaka Legal Blog. For queries, call +91 8595704798 or email info@pinakalegal.com.