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Contact a qualified Indian lawyer experienced in criminal and indirect-tax matters as soon as possible. Record the basic details of the arrest, preserve documents where lawful and safe, and ask counsel to check the applicable arrest procedure and any immediate court or bail option. A general checklist cannot determine whether a particular arrest is lawful.
What should you do immediately?
- Contact a qualified lawyer promptly. Choose counsel who can address both criminal procedure and the relevant indirect-tax law. Share the arrest details and documents with the lawyer as soon as you can.
- Write down what happened. Record the time and place of arrest, whether Customs or GST officers were involved, the names and designations shown by the officers, and any statutory provisions communicated to you. Keep copies or photographs of documents where lawful and safe.
- Do not obstruct officers. Do not sign a statement or document you do not understand. Where practicable, ask counsel to advise you before signing or responding to questions.
- Ask the arrested person to name a contact. The arrested person can identify a nominated family member or other authorized contact and request that officers inform that person. For a GST arrest, check whether the required notice is recorded in the arrest memo, as described below.
What should you check in a GST arrest memo?
CBIC’s Instruction No. 02/2022-23-[GST-INV], dated 17 August 2022, sets out safeguards for GST arrests. Check the memo for each of the following:
- The relevant statutory provisions.
- A record that the grounds of arrest were explained to the arrested person.
- A record that a nominated or authorized person was informed immediately.
- The date and time of arrest.
- A copy provided to the arrested person against acknowledgment.
CBIC’s instruction calls for a separate arrest memo for each person arrested. If a detail or copy is missing, note that and ask counsel what to do; do not assume that a family member can decide the legal effect of an omission without knowing the full facts and applicable law.
How do Customs and GST arrests differ?
They arise under different statutes and enforcement contexts. The relevant statute and provisions stated in the arrest memo, the alleged offence and facts, and the criminal-procedure rules that apply all matter. The available authorities do not support a single checklist of rights or timelines for both kinds of arrest.
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| Issue | Customs | GST |
|---|---|---|
| Source identified | The Customs Act. Supreme Court material describes statutory arrest power for specified offences under sections 132, 133, 135, 135-A or 136, subject to the officer having “reason to believe” the person is guilty of an offence punishable under those provisions. | The CGST Act. CBIC’s 17 August 2022 instruction addresses GST arrest and bail guidance. |
| Specific arrest-memo safeguards established by the cited guidance | Not stated in the available Customs source material; ask counsel to check the applicable law and facts. | CBIC’s instruction specifies the memo details and copy requirements listed above. |
The Customs standard is not, by itself, a finding that any particular arrest is valid or invalid. The Supreme Court extract discusses a legal threshold, not the evidence in an individual case.
What does the 2025 Supreme Court decision mean for a family?
In Radhika Agarwal v. Union of India, decided on 27 February 2025, the Supreme Court considered arrest provisions in the Customs Act and CGST Act and the application of safeguards associated with criminal procedure. The case text reproduced by IndiaKanoon discusses rights and duties connected with arrest, including informing a family contact and access to an advocate during questioning.
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Do not treat a short summary of that decision as a complete, universal checklist for every arrest. Ask counsel to check the full judgment, its application to the current law and the circumstances of the case.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What should your lawyer check next?
CBIC directs officers handling GST arrests to follow applicable criminal-procedure provisions and describes post-arrest modalities, including medical examination. Give counsel the memo and your recorded details and ask them to assess the procedure in the particular case, including:
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- Whether the applicable arrest and post-arrest steps were followed, including any required medical examination.
- What court step is available and when the arrested person must be produced before court under the procedure governing the case.
- Whether a bail application or another immediate application is appropriate on the facts.
The answer depends on the governing statute, current criminal-procedure rules and facts. Do not try to determine the legality of the arrest or the right bail strategy from a general article alone.
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