Police came to my house at 2 am without any warrant asking me to come to the station for questioning, do I have to go?
PA Asked by Parul Banerjee from India
Quick Answer
For mere questioning, the police cannot compel you to accompany them to the station without arresting you under Section 41A CrPC (Section 36 BNSS), which requires issuance of a notice of appearance.
Detailed Legal Analysis
For mere questioning, the police cannot compel you to accompany them to the station without arresting you under Section 41A CrPC (Section 36 BNSS), which requires issuance of a notice of appearance. The Supreme Court in D.K.
Basu v. State of West Bengal has laid down guidelines that police cannot arrest a person between sunset and sunrise except in exceptional circumstances where prior permission of a magistrate is obtained.
You can ask the police for the notice under Section 41A and refuse to go at that hour unless formally arrested, in which case they must follow the arrest procedure. If they insist or threaten you, record the conversation and report the matter to the State Human Rights Commission or the Superintendent of Police.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.