The short answer
No - not automatically, and not that night by default. An FIR starts an investigation; it does not by itself authorise the police to arrest the person named in it. The Supreme Court said this plainly in Arnesh Kumar v. State of Bihar (2014): arrest is not mandatory on the registration of an FIR. For offences punishable with imprisonment of up to seven years, the police should normally issue a written notice first - today, a Notice of Appearance under Section 35 of the BNSS (formerly Section 41A of the CrPC) - before considering arrest. The fear that an FIR filed last night means a knock tonight misunderstands what the FIR empowers the police to do.
What the Supreme Court actually required
Arnesh Kumar v. State of Bihar (Supreme Court, 2014) is the controlling word on this fear. The Court held that the registration of an FIR does not make arrest mandatory - arrest must be a considered decision, not an automatic one, and the police cannot arrest mechanically. For offences punishable with imprisonment of up to seven years, the Court said the police should normally issue a written notice first - the notice that is today Section 35 of the BNSS (formerly Section 41A of the CrPC) - and take the person's response into account before deciding on arrest. Read together, the rule is that arrest is an exception that needs reasons, not the default that follows an FIR.
If the arrest happens anyway: your rights
Arrest is not the end of your protections; it is where a second set of them begins. Article 22(1) of the Constitution provides that a person who is arrested must be informed of the grounds of arrest. And in D.K. Basu v. State of West Bengal (Supreme Court, 1997), the Court laid down guidelines for every arrest, including that the arrested person has the right to have a friend or relative informed of the arrest. These are constitutional and court-ordered protections, not favours extended at the station's discretion.
The first hour: what to do
If the knock does come, the procedure is simple and worth memorising now:
- 1Stay calm and do not resist. Resistance creates a second problem; compliance preserves your first set of rights.
- 2Ask for the grounds of arrest. Article 22(1) of the Constitution entitles you to be told why you are being arrested - ask, and note what you are told.
- 3Ask that a friend or relative be informed. The D.K. Basu guidelines recognise this right - give the officer a name and a number.
- 4Ask to contact a lawyer. You have the right to consult and be defended by a legal practitioner of your choice.
- 5Note the details: the officers' names, the station, the time, and the case number. Memory fades; the paper you write tonight does not.
Before it comes to that
If your fear is of an arrest that has not happened yet, the law gives you two earlier moves. The first is the Section 35 notice itself - if the police issue one, complying with it is your protection. The second is anticipatory bail, applied for before a Sessions Court or the High Court on a genuine apprehension of arrest. Both are covered in their own guides; the point here is that waiting in fear is not the only option the procedure offers.
What this guide is
This is a description of the public process, not legal advice. For advice about your own case, speak to a lawyer or the police station handling it.