Police officer arrests family member

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Police officer arrests family member

Published on 16 Jul 2025

Police Officer Arrests Family Member:

What To Do Next – Legal Advice from Nayku

When a family member is suddenly arrested by a police officer, it’s a moment filled with fear, confusion, and panic. Most people don’t know what to do next, what rights they have, or where to get proper legal help. In India, wrongful arrests, excessive police power, or simply not understanding your rights can lead to emotional and legal trauma.

This comprehensive guide by Nayku – your trusted online legal partner – will help you understand what you need to know when a police officer arrests a family member, and what legal steps to take immediately, responsibly, and lawfully.

The sudden sound of a phone call saying “Your son has been arrested”, or a knock at your door followed by uniformed officers taking your loved one away, can feel like your world collapsing. But it’s important to know that every Indian citizen has legal rights, and every family has the power to fight back lawfully.

You don’t have to go through it alone. Nayku provides trusted, accessible, and affordable legal help online – whether you need a bail lawyer, FIR expert, or criminal defense advocate.

Is It Legal for a Police Officer to Arrest a Family Member?

Yes, it is legal – but only under specific conditions. A police officer can arrest your family member if:

  • They are suspected of a crime.
  • There is a warrant against them.
  • They are caught in the act (cognizable offence).
  • There is reasonable suspicion and evidence.
  • But police must follow legal procedures, including:
  • Informing the reason for arrest.
  • Allowing a phone call to a family member.
  • Producing the arrested person before a magistrate within 24 hours.

Any deviation from this is a violation of rights, and Nayku’s legal team can challenge such arrests in court.

Common Reasons for Arrests in India

Some common reasons police officers arrest individuals include:

  • Theft or robbery allegations
  • Domestic violence complaints
  • Assault or physical harm
  • Cybercrimes or online fraud
  • Dowry-related complaints (Section 498A IPC)
  • Drunk driving or road accidents
  • Violation of restraining orders
  • Drug possession or sale
  • Property disputes
  • Non-bailable warrant from court

Understanding the nature of the charge helps determine whether bail is possible, and what the next legal steps should be.

Know Your Family Member's Rights After Arrest

Every arrested individual has rights under Indian law. As a family, it’s important for you to know these:

Right to know the grounds of arrest (Article 22 of the Constitution)
Right to remain silent (Section 161 CrPC)
Right to be produced before a magistrate within 24 hours
Right to legal representation (free legal aid is also available)
Right to inform family or friends
Right to medical examination every 48 hours (to prevent police torture)

If any of these rights are denied, consult Nayku’s legal team to file for legal remedies like habeas corpus or compensation for illegal detention.

What You Should Do Immediately After the Arrest

Here’s a quick action plan:

✅ Step 1: Stay Calm, Don’t Argue with Police

You must remain composed and avoid obstructing the police.

✅ Step 2: Ask for the FIR Number and Police Station Name

This helps your lawyer access details and start the legal process.

✅ Step 3: Contact Nayku for Legal Help

Don’t waste time with agents or middlemen. Use Nayku’s platform to get instant access to criminal defense lawyers and bail experts online.

✅ Step 4: File for Bail If Applicable

Check if the offense is bailable. If yes, bail can be filed immediately with help from a Nayku lawyer.

✅ Step 5: Keep All Documents Ready

Aadhaar card, ID proof of accused, FIR copy (if possible), and any evidence that can support your family member.

What Police Officers Can and Cannot Do

✅ What Police CAN Do:

  • Arrest without warrant for cognizable offences
  • Seize evidence
  • Conduct a basic medical test before custody

❌ What Police CANNOT Do:

  • Arrest without reason or warrant for non-cognizable offences
  • Torture or abuse the arrested person
  • Deny access to a lawyer
  • Detain for more than 24 hours without magistrate order

If any of these happen, Nayku can file complaints with the Human Rights Commission, or initiate legal action against the police.

Understanding FIRs and Their Legal Role

An FIR (First Information Report) is a written document by the police when someone reports a crime. If your family member is arrested based on an FIR:

  1. Get a copy from the police station.
  2. Check the charges mentioned (IPC sections).
  3. File anticipatory bail (if not yet arrested).

If false, Nayku can help you file for FIR quashing in the High Court.

When Can Bail Be Applied and How?

Bailable Offences:

You can apply for bail immediately at the police station, and release happens the same day.

Non-Bailable Offences:

You need to file a bail application in Sessions Court or High Court. It may take a few days depending on the charge.

Nayku’s online criminal lawyers can help you prepare a strong bail plea quickly with just your documents scanned from your phone.

What If the Arrest Is Illegal or Based on False Accusations?

This is sadly common in India. If your loved one is arrested wrongfully:

  • File a complaint with Human Rights Commission or State Police Complaint Authority.
  • Apply for Anticipatory Bail if you anticipate arrest.
  • Approach High Court for FIR Quashing or Writ Petition.
  • File a defamation suit against the complainant if proven false.

Nayku provides legal strategy, documentation, and lawyer connections all online, with transparent pricing and fast support.

Role of Nayku in Supporting You Legally and Emotionally

Navigating police procedures, legal filings, and bail paperwork can be overwhelming. That’s where Nayku steps in:

🔹 Talk to experienced criminal defense lawyers online
🔹 Get urgent bail support, even late night
🔹 File court documents digitally
🔹 Access legal advice in Hindi, English, and regional languages
🔹 Consult from home without visiting court or police station

 Nayku is India’s trusted digital legal platform for families in crisis.

Legal Documents You Must Keep Ready

  • Aadhar card / Voter ID of arrested person
  • Copy of FIR
  • Passport-size photo
  • Property documents (for surety in bail cases)
  • Any communication or evidence that supports innocence
  • Details of the arresting officer and police station

You can simply upload these securely on Nayku, and we’ll assign a lawyer to start work immediately.

How to Talk to the Police Without Making It Worse

  • Be respectful but assertive
  • Ask for all legal grounds for arrest
  • Record conversations (if safe and lawful)
  • Don’t offer bribes or get emotional
  • Involve your Nayku legal advisor during discussions

What Happens During Police Custody and Judicial Custody

Police Custody:

Up to 15 days max. Used for interrogation.

Judicial Custody:

Extended custody under magistrate supervision in jail.

A good lawyer can argue for judicial custody instead of police custody to prevent mental/physical torture. Nayku helps you apply for judicial protection fast.

Special Considerations for Women, Children, and Seniors

  • Women cannot be arrested after sunset and before sunrise
  • Lady officers must be present during female arrests
  • Children under 18 are taken to Juvenile Justice Board
  • Senior citizens have the right to medical care during custody

Any violation? Contact Nayku legal team for fast intervention.

Frequently Asked Legal Questions (FAQs)

Q. Can I meet my family member in custody?
Yes. Police must allow it at fixed hours. Your lawyer can also meet them.

Q. Can I see the FIR?
Yes, any person related to the case can obtain a copy.

Q. What if police don’t follow procedures?
File a complaint or petition through Nayku.

Q. Can I consult a lawyer before arrest?
Yes. That’s called anticipatory consultation. Nayku provides it.

How Nayku Can Help – Online Legal Support, Anytime

No matter where you are in India, Nayku’s legal services are available 24x7, especially during arrest emergencies.

🌐 Online consultations with lawyers across India
📄 Digital bail application and FIR quashing help
📞 Support in Hindi, English, and regional languages
🕒 Emergency booking with criminal lawyers at night
💰 Transparent pricing – no hidden charges

👉 Need legal help now? Visit www.nayku.com and speak to a real lawyer instantly.

Don’t Panic, Act Lawfully

When a family member is arrested, emotions can take over. But your strength lies in staying informed and acting wisely. Don’t fall for middlemen or fake promises. Legal systems in India work when you know how to work them – and Nayku is here to help you do just that.

So, next time you hear those dreaded words: “Your family member has been arrested,” take a deep breath, and let Nayku be your legal shield.

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