Frequently Asked Question on Police Harassment and Arrest

Unequal Scales of Justice: Men Needs protection from Bias in Law

FAQ – Police Harassment & Men’s Rights

Although the Constitution of India emphasizes equality, certain provisions and the absence of adequate mechanisms to protect men from false cases make men more vulnerable. For example, Article 14 states that ‘everyone is equal before the law,’ but Article 15(3) allows for ‘special provisions for women and children’. Hence it is important for men to know their rights and also about protection from arrest.

As per law (Section 41A CrPC), police must issue a written notice before calling you for inquiry in non-cognizable or certain cognizable cases. Always ask for a written notice and the reason for inquiry according to the guidelines by Supreme Court in landmark case of Arnesh Kumar Vs State of Bihar, 2014.

No. Police must have a valid FIR and reasonable grounds for arrest. Supreme Court guidelines require proper justification and documentation before arrest in most cases.

You have the right to remain silent, consult a lawyer, and file a complaint with the Superintendent of Police or State Human Rights Commission. You can also seek protection through court orders.

Yes, you can record calls or in-person conversations with police to protect yourself, as long as you are part of the conversation. This can help as evidence if there is harassment.

You can contact Men Helpline at +91-9911666498 for guidance. Approach a criminal lawyer immediately and, if needed, file a writ petition for protection against unlawful harassment.

If police arrive at your home, first dial 100 to verify they are genuine officers and not impersonators. Inform the Dial 100 operator that police have come to your house — this creates an official record. Such a record can protect you against unlawful detention because, by law, if someone is arrested, they must be presented before a magistrate within 24 hours. Having a record of the visit helps prove if this requirement is violated.

When you receive a call to join an investigation, you should inform Dial 100 that you have been called and when you plan to reach the police station. This ensures there is a record of your compliance and prevents the Investigating Officer from falsely claiming you failed to attend. This simple step protects your rights and ensures transparency.

You have the right to know the reason for arrest and the charges, remain silent, consult a lawyer, and inform your family. You must be presented before a magistrate within 24 hours; otherwise the detention is illegal.

Police can only use reasonable force when absolutely necessary, such as to prevent harm or escape. Torture, beating, or coercion is illegal and violates your fundamental rights.

Stay calm and cooperate, but do not admit guilt. Contact a lawyer immediately, preserve all evidence proving your innocence, and inform your family. Document all police interactions.

Collect names, badge numbers, designations of officers, date, time and location of the incident, actions that felt illegal, witnesses’ contacts, and any available recordings or CCTV footage (if lawful and safe).

Men often face intimidation or coercion in false dowry, domestic violence, or molestation cases. Officers may sometimes take them to private rooms without CCTV for intimidation or assault, or threaten arrest to extract money or settlements. False cases may be filed without proper investigation. Lack of awareness about rights increases vulnerability.