Called for Police Interrogation? Know Your Rights During Questioning

Being called in for police questioning — whether as a witness, a suspect, or someone merely "assisting the investigation" — is intimidating even for people who have done nothing wrong. Most people don't realise that Indian law grants specific, enforceable protections during this process. Knowing them in advance changes how you conduct yourself and can materially affect the outcome of a case.

Right to Know the Grounds of Questioning

You are entitled to know why you are being summoned and under which provision. A notice under Section 35 or Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) must specify the purpose — whether it's to record a statement, produce documents, or assist identification. Vague or unspecified summons can and should be questioned through your lawyer.

Right to Have a Lawyer Present Nearby

The Supreme Court, in D.K. Basu v. State of West Bengal, laid down that an arrested or detained person has the right to consult a lawyer during interrogation, though not necessarily throughout the entire questioning in a manner that allows the lawyer to answer on their behalf. In practice, this means your lawyer can be present in the vicinity, and you can request a break to consult them.

Right Against Self-Incrimination

Article 20(3) of the Constitution protects every person from being compelled to be a witness against themselves. This means:

• You cannot be forced to make a confession under threat, coercion, or inducement
• Any statement made to the police (other than in specific circumstances under the Bharatiya Sakshya Adhiniyam) is generally not directly usable as a confession against you in court
• You have the right to remain silent on questions that may incriminate you, though refusal to answer relevant questions during a lawful investigation can have its own consequences and should be navigated carefully with legal advice

Right to Reasonable Timing and Location

Women cannot be summoned to a police station for questioning except in narrow, specified circumstances — the general rule is that their statements should be recorded at their residence, in the presence of a woman constable or family member. Questioning outside daylight hours is generally discouraged and requires specific justification.

Right Against Custodial Violence

Any form of coercion, threats, or physical force during interrogation is illegal and can be challenged. The D.K. Basu guidelines mandate specific safeguards, including:

• Preparation of an arrest memo, attested by a witness
• Right to inform a friend or relative about the arrest and location of custody
• Medical examination at the time of arrest and periodically during detention, to record any injuries

Right to Refuse to Sign a Blank or Incomplete Statement

You are never obligated to sign a statement you have not read in full or do not agree with. If pressured to do so, this should be noted and raised with your lawyer immediately — signed statements, even where obtained under pressure, can be difficult (though not impossible) to challenge later.

What to Do If You Are Called for Questioning

• Inform your lawyer immediately upon receiving a summons or notice
• Carry only the specific documents requested, and keep copies for your own record
• Answer questions truthfully but concisely — avoid volunteering unnecessary information
• If you feel threatened, coerced, or unwell, communicate this clearly and request a break
• Note down the names and designations of the officers present, and the time you were questioned

Witness vs Accused: Why the Distinction Matters

If you are questioned as a witness, your statement is recorded under Section 180/183 BNSS and generally does not require you to be cautioned about self-incrimination in the same way as an accused. If your status shifts to that of an accused during questioning, your rights — and the caution you should exercise — change substantially. A lawyer's guidance in real time helps you understand which category you fall into.

Don't Face Interrogation Unprepared

Every case turns on the details, and how a person conducts themselves during initial questioning often shapes the entire trajectory of a case — for better or worse. Advocate Rajat Kadyan advises and represents clients before and during police interrogation in Gurugram, ensuring their rights are protected at every step. Contact us before you respond to a police summons or notice.