Can You Be Forced to Give Your Statement in Police Custody? What the Law Says

Imagine you're accused in a case and the investigating officer tells you to come to the police station for questioning. Can you refuse? Can you ask to give your statement over video call instead? A recent Mumbai court decision clarifies these questions in a way every citizen should understand.

The court recently rejected a request from an accused person who wanted to give her statement through video conference instead of appearing in person. The judge made it clear: an accused cannot dictate how the police should conduct their investigation. But this ruling also highlights important rights that many Indians don't know they have.

When Police Can Question You

Police have the power to call you for questioning if you're accused in a case or even as a witness. Under the Bharat Nagarik Suraksha Sanhita (which replaced the old CrPC), investigators can record your statement during their probe. However, there are strict rules they must follow.

First, understand that police questioning is different from arrest. Being called for questioning doesn't automatically mean you'll be arrested. The police are investigating and gathering information. You have the right to know what case you're being questioned about.

Your Rights During Investigation

Here's what the law guarantees you. If you're accused in a case, anything you say to the police during investigation cannot be used as evidence against you in court. This is a crucial protection. Only statements made before a Magistrate (a judicial officer) can become evidence.

You have the right to remain silent. The Constitution protects you from being compelled to be a witness against yourself. You cannot be forced to confess or give self-incriminating statements.

If you're arrested, you must be informed of the grounds of arrest. You have the right to consult a lawyer. You must be produced before a Magistrate within 24 hours. Police cannot detain you beyond this without Magistrate's permission.

Why Video Conference Isn't Your Choice

The recent court decision explains an important principle: while you have rights, you cannot control how police conduct their lawful investigation. If the law requires your physical presence for a procedure, you generally cannot substitute it with video conferencing just because it's more convenient for you.

Video conferencing in criminal cases is typically allowed only in specific situations: when witnesses are abroad, when someone is seriously ill, or in certain cases involving vulnerable witnesses like children. The investigating officer decides the method based on legal requirements and practical needs of the investigation.

Suppose you're worried about safety or harassment during questioning. In that case, you can request that your lawyer be present during questioning (though police are not legally required to allow this during investigation stage). You can also approach a Magistrate with a complaint if you face illegal detention or coercion.

What You Should Actually Do

If you receive a police summons or notice, don't ignore it. Avoiding police when you're legally required to appear can lead to a warrant against you. Instead, take these steps.

Consult a lawyer immediately. Share all documents and details of the case with them. Your lawyer can guide you on whether you must appear in person, what questions you should answer, and how to protect your rights.

Go with your lawyer if possible. Even though police may not allow your lawyer inside during questioning in the investigation stage, having legal counsel nearby helps. Your lawyer can intervene if anything illegal happens.

Stay calm and polite. Answer only what is asked. Don't volunteer extra information. Remember that anything you say during investigation cannot be used against you in court, but it can guide police investigation in ways that may not help you.

If you're asked to sign any statement, read it carefully. You have the right to refuse to sign if it doesn't accurately reflect what you said. Don't sign blank papers.

The key takeaway: the law gives investigating officers the authority to conduct probes in lawful ways, but it also protects you from illegal detention, torture, or forced confessions. Know your rights, but also understand you cannot unilaterally change legal procedures to suit your convenience.

If you're facing police investigation or have been called for questioning in any case, speak with a verified advocate on Lex Now to understand your specific rights and the best way forward.

This article is general legal awareness, not legal advice. Laws change and every case is different — consult a verified advocate on Lex Now for guidance on your situation.

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