Many people believe that once a police complaint is filed, arrest is automatic.
This is not true.
Indian criminal law clearly states that arrest is not compulsory in every case, especially for offences punishable with less than 7 years of imprisonment.
Your Key Rights
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Police must record reasons for arrest
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You have the right to know the grounds of arrest
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You can inform a friend or family member
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Women cannot be arrested at night (except exceptional cases)
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You must be produced before a magistrate within 24 hours
Supreme Court Guidelines
Police must first issue:
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Notice under Section 41A (CrPC)
before making an arrest in many cases.
If police ignore these safeguards, the arrest itself can be challenged in court.
Knowing your rights does not mean opposing the law —
it means ensuring the law is followed fairly and lawfully.