If you're a foreign national and find yourself being detained or questioned by Indian police, it's critical to stay calm and understand your rights. This guide walks you through what to do, what not to do, and how to protect yourself under Indian law.
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Detained vs. Questioned – What’s the Difference?
Being questioned means the police are asking you for information and may check your ID — but you're free to leave unless you're formally held.
Being detained means you're being held for investigation or suspicion. Police must follow strict rules for detention under Indian law, especially when it involves foreign nationals.
What Are Your Legal Rights?
If detained, you have the right to:
- Know the reason for your detention
- Contact a lawyer
- Inform your embassy or consulate
- Be presented before a magistrate within 24 hours (if formally arrested)
You cannot be forced to confess or give self-incriminating evidence.
Do’s and Don’ts During Police Interaction
Do:
- Stay calm and polite
- Request an English-speaking officer if needed
- Write down the name and badge number of the officer
Don't:
- Argue, raise your voice, or physically resist
- Hand over your phone, wallet, or passport without cause
- Attempt to bribe the police
You should request to call your embassy or consulate as soon as possible. Embassies can provide a list of local lawyers and ensure you are not mistreated.
Keep emergency contacts on paper, not just your phone. You can also ask a bystander or friend to call for legal help on your behalf.
Never Sign Without Understanding
Never sign any document or confession you do not understand. Ask for a translation or wait for legal representation. Signing something under pressure can be used against you in court—even if you didn’t mean it.
What to Do After You’re Released
Once released, document everything:
- Write down what happened, including names, times, and locations
- Notify your embassy in writing
- If you were mistreated, consider filing a complaint with the Human Rights Commission or relevant legal authority
Save any official paperwork given to you, including notices or acknowledgments.
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