If you’re reading this at midnight or early morning, you’re probably terrified and don’t know where to start. That’s completely normal. Take a breath. Your husband’s situation is not hopeless — people go through this and come out the other side. What matters right now is that you act quickly and in the right order.
This guide tells you exactly what to do in the next 24 hours.
The First Thing to Do: Find Out Where He Is
If you were not present at the arrest, your first step is to find out which police station has him in custody. Call the nearest police station to your home and ask directly: “My husband was arrested — can you tell me which station he’s been taken to?”
You can also call the local PCR (Police Control Room) on 100 and request assistance finding which station has custody.
Once you know the station, go there in person if possible, or send a close family member. Bring his Aadhaar card and any ID you have for him.
His Legal Rights After Arrest — Know These
Under Indian law, your husband has the following rights from the moment of arrest:
Right to be informed of the grounds of arrest. Police must tell him why he’s been arrested. If they haven’t done this, it must be demanded.
Right to inform a family member or friend. Police are legally required to allow the arrested person to inform someone about the arrest. If they haven’t let him call you, this is a violation — document it.
Right to a lawyer. He has the right to consult a lawyer of his choice. Police cannot deny this. If you have a lawyer, they can reach him at the police station.
Right not to be held beyond 24 hours without production before a magistrate. Police can hold him for a maximum of 24 hours without producing him before a Magistrate. After that, they must either release him or seek remand.
Right against self-incrimination. He does not have to make any statement that incriminates himself. He should not sign anything without a lawyer present.
Write down the time of arrest if you know it. This 24-hour clock is critical.
Call a Criminal Lawyer Immediately — Not Tomorrow
This is the step most families delay and later regret. The first 24 hours matter enormously. A lawyer can:
- Visit him at the police station and advise him not to make any statements without counsel
- Check whether the sections of law invoked are bailable or non-bailable
- File a bail application the same day if bailable sections are involved
- Appear before the Magistrate during production and oppose police remand (custody)
- If non-bailable sections are involved, begin preparing the bail application for the Sessions Court immediately
Do not wait until morning to call a lawyer if the arrest happened at night. A good criminal lawyer in Pune is reachable for emergencies. Call now.
Bailable vs. Non-Bailable: The Most Important Distinction
When you speak to a lawyer, the first question they will answer is whether the sections invoked are bailable or non-bailable. This determines everything about how fast he can get out.
Bailable offences: He is entitled to bail as a matter of right. Police must grant bail at the station if he provides surety. Your lawyer can handle this within hours.
Non-bailable offences: Bail is not automatic. A bail application must be filed before a Magistrate or the Sessions Court. This takes 1–3 days in most cases under normal circumstances.
Some commonly invoked sections in Pune:
- Section 498A BNS (cruelty, matrimonial matter) — non-bailable, but bail is routinely granted
- Section 420 / 318 BNS (cheating/fraud) — non-bailable
- Section 304A IPC / 106 BNS (negligent death) — non-bailable
- Section 138 NI Act (cheque bounce) — bailable
- NDPS Act — bail is harder to obtain, requires specific legal strategy
What Happens at the Magistrate Production
Within 24 hours of arrest, police must produce your husband before a Magistrate. This is your first real legal opportunity. What happens:
- Police present the arrested person and explain why they want to keep him in custody (police remand / PC remand)
- Your lawyer argues against remand and for judicial custody or bail
- The Magistrate decides — either grants bail, sends him to judicial custody (jail), or grants police remand for further investigation
If he goes to judicial custody (jail): He is transferred to Yerwada Central Prison or the relevant sub-jail. Bail application can still be filed in the Sessions Court. A good lawyer can often get bail within 3–7 days for most non-NDPS, non-heinous matters.
If bail is granted at Magistrate level: He will be released after surety is arranged. Your lawyer will guide you on what surety documents are needed.
What Not to Do
Do not make statements to police without a lawyer present. Anything said can be used to build the prosecution’s case. Advise him firmly to stay silent on the substance of any allegations until his lawyer arrives.
Do not sign any document you don’t understand. If police ask you or him to sign something, ask what it is. Do not sign a confession or a statement that could later be used as an admission.
Do not pay money to police officers informally. If a police officer suggests that the matter can be “settled” at the station for a cash payment, this is illegal. Document the conversation if it happens and report it to a lawyer.
Do not share details on social media. Anything posted publicly can be used in court and can also alert the other side to your legal strategy.
The Next 48 Hours — A Simple Checklist
- Identify the police station holding him
- Contact a criminal lawyer immediately (do not wait for morning)
- Arrange his personal identification documents
- Find out which sections are invoked in the FIR
- Arrange 1–2 sureties (family members with property documents or income proof) for bail
- Ask the lawyer what documents are needed for the bail application
- Attend the Magistrate production hearing with your lawyer
On Bail Conditions
If bail is granted, it will usually come with conditions. Common conditions in Pune bail orders include:
- Reporting to the police station once a week or fortnight
- Surrendering passport (especially in matters involving allegations of fraud or matrimonial disputes with NRI angles)
- Not contacting the complainant or witnesses
- Not leaving Pune or Maharashtra without prior permission of the court
Violating bail conditions can lead to bail being cancelled and re-arrest. Your lawyer will explain each condition — make sure he understands all of them before leaving the courthouse.
If the FIR Is False or Exaggerated
This is one of the most common situations lawyers in Pune encounter. If the complaint against your husband is false, malicious, or grossly exaggerated — especially in matrimonial disputes — there are legal remedies:
FIR Quashing: A petition can be filed in the Bombay High Court to quash (cancel) the FIR entirely. Courts quash FIRs in matrimonial cases where the allegations are clearly general, vague, or made to harass. This is a longer process (2–6 months) but can end the matter completely.
Anticipatory bail for co-accused family members: If other family members — mother-in-law, sister-in-law — have also been named, they can apply for anticipatory bail to avoid arrest while the case proceeds.
You Can Get Through This
Criminal cases in India are not decided overnight. Your husband being arrested does not mean he will be convicted. The vast majority of bail applications succeed for first-time accused in non-heinous matters. With the right lawyer in place, the immediate crisis — keeping him out of jail while the case proceeds — is almost always manageable.
The most important thing you can do right now is call a lawyer and start the process.
Adv. Akash R. Chikate is a criminal defence advocate enrolled at the Bombay High Court, practising from Shivajinagar, Pune. If your husband has been arrested or you are facing a criminal matter in Pune, call now for same-day consultation.
📞 +91 86984 00302
💬 WhatsApp: +91 86984 00302
📍 Shivajinagar, Pune