Being stopped by the police — whether on the street, at a checkpoint, or in your vehicle — can be an intimidating experience. Many people, unsure of their rights, end up saying or doing things they didn't have to. This article explains exactly what Indian law says about police stops and what you are — and are not — required to do.
What the police can legally ask you
Under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — which replaced the CrPC on July 1, 2024 — a police officer must bear visible identification and prepare a memorandum of arrest. They are permitted to ask for your name and address. In certain situations — such as near a crime scene or during a specific investigation — they may have broader powers.
If you are driving, you are required to produce your driving licence, vehicle registration, insurance certificate, and PUC certificate when asked by a traffic or police officer. These are legal obligations.
What you are NOT required to do
- You are not required to unlock your phone or hand it over without a court order.
- You are not required to answer questions that could incriminate you (Article 20(3) of the Constitution).
- You are not required to go to the police station unless formally arrested or given a written notice.
- You are not required to sign any documents without reading them or without legal counsel if you choose.
"You have the right to remain silent. Exercise it calmly, not confrontationally."
If you are detained or arrested
There is an important difference between being detained (temporarily held for questioning) and being arrested (formally taken into custody). If you are arrested, the police must tell you the grounds immediately — this is guaranteed under Article 22(1) of the Constitution.
Upon arrest, you have the right to:
- Be informed of the reason for your arrest.
- Consult a lawyer of your choice.
- Be produced before a magistrate within 24 hours.
- Inform a family member or friend of your arrest.
Practical tips for a police stop
- Stay calm. Sudden or agitated movements can escalate the situation.
- Politely ask the officer for their name and badge number — you have the right to know.
- Do not physically resist, even if you believe the stop is unjust. Challenge it legally afterwards.
- Note the time, location, and officer details as soon as you can.
- If you believe your rights were violated, file a complaint with the Superintendent of Police or approach a court.