Guidance

British prisoners in India: information pack

Updated 11 October 2023

Chapter 1: key points

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you, but they cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad. This detention information pack is designed to give you, and your family and friends, information about the local system in India and who can help. A printed copy is provided to those in prison or in custody, and an [online version is available here]: (https://www.gov.uk/government/publications/india-prisoner-pack). We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• The authorities should ask whether you want them to contact the British Consulate (and must do so if you want them to).

• Even if they do not ask, you can make the request yourself, and should do so, particularly if you are charged with a serious offence or need any kind of assistance.

• Friends or family can also contact the local British Consulate or the Foreign, Commonwealth and Development Office (FCDO) in London on +44 (0)20 7008 1500.

Who we are

Consular staff work in the Foreign, Commonwealth and Development Office in London, and in British Embassies, High Commissions and Consulates overseas.

Contact information for the British High Commission in India and its consular offices around the country:

In Northern India (Delhi, Haryana, Uttar Pradesh, Himachal Pradesh, Uttarakhand, Rajasthan and Jammu & Kashmir)

British High Commissioner New Delhi
Shantipath, Chanakyapuri New Delhi 110 021
Telephone: +91 (11) 2419 2100 (24 hours)
Office Hours: Monday - Friday 0900-1700 hrs

Contact form: https://www.gov.uk/contact-consulate-new-delhi

In Northern India (Punjab)

British Deputy High Commission Chandigarh
178-178A, Elante Business Park,
Unit C516, Fifth Floor, Industrial Area Phase 1,
Chandigarh 160 002
Telephone: +91 (17) 2492 5100 (24 hours)
Office Hours: Monday – Thursday 0930-1730 hrs and Friday 0930-1430 hrs

Contact form: https://www.gov.uk/contact-consulate-chandigarh

In Western India (Maharashtra, Gujarat and Madhya Pradesh)

British Deputy High Commission Mumbai
Naman Chambers, C/32, G Block,
Bandra Kurla Complex, Bandra (East), Mumbai 400 051
Telephone: +91 (22) 6650 2222 (24 hours)
Office Hours: Monday – Thursday 0800-1600 hrs and Friday 0800-1300 hrs

Contact form: https://www.gov.uk/contact-consulate-mumbai

In Western India (Goa)

British Nationals Assistance Office Goa
303-304 Casa del Sol,
Opposite Goa Marriott Hotel Miramar, Panaji 403 001, Goa
Telephone: +91 (832) 663 6800 (24 hours)
Office Hours: Monday – Thursday 0800-1600 hrs and Friday 0800-1300 hrs

Contact form: https://www.gov.uk/contact-consulate-goa

In Southern India (Tamil Nadu, Andhra Pradesh, Telangana, Kerala, Karnataka, Puducherry and Lakshadweep islands)

20 Anderson Road, Nungambakkam,
Chennai 600 006
Telephone: +91 (44) 4219 2151 (24 hours)
Office Hours: Monday – Thursday 0830-1630 hrs and Friday 0830-1330 hrs

Contact form: https://www.gov.uk/contact-consulate-chennai

In Eastern India (West Bengal, Odisha, Bihar, Arunachal Pradesh, Assam, Sikkim, Jharkhand, Chhattisgarh, Manipur, Mizoram, Meghalaya, Nagaland, Tripura and Andaman & Nicobar Islands)

British Deputy High Commission Kolkata
1A Ho Chi Minh Sarani, Kolkata 700 071
Telephone: +91 (33) 4082 2200 (24 hours)
Office Hours: Monday - Thursday 0830-1630 hrs and Friday 0830-1330 hrs

Contact form: https://www.gov.uk/contact-consulate-kolkata

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth and Development Office on 0207 008 1500.

What we can do

The FCDO will offer you impartial and non-judgemental help. Once notified of your arrest or detention, consular staff will aim to contact you as soon as possible so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions: our priority is to provide assistance to those British nationals overseas that need our help the most. When you are arrested, the authorities should ask you if you want us to be informed. If you consent, the Indian Ministry of External Affairs (MEA) will notify us. If we hear of your arrest through friends or family, we will contact the Indian authorities who will request your consent for consular access before they give us permission to visit you. This process can take several weeks, but we will visit you as soon as we can after receiving permission from the MEA.

We can also:

• provide a list of local English-speaking lawyers and interpreters List of English Speaking Lawyers ; ]List of Private Translators/Interpreters](https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find?country=India&serviceType=translatorsInterpreters).
• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services.
• keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances.
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication.
• put you, or your family, in touch with a prisoners’ welfare charity in the UK called Prisoners Abroad.
• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards.
• help to transfer money to you from your friends or family. In places where phone or postal services aren’t available, we can also pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you).
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we cannot do

• get you out of prison or detention
• help you get special treatment
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs as a result of being arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

First Steps

Can you / will you tell my family?

If you want us to, we can tell your family or friends that you have been detained and can provide them with information about how to contact you in prison or detention. With your consent, we can also keep them updated on your well-being.

If you are not sure about informing your family, we can help you consider the impact that not doing so might have. For example, it may cause them distress if they do not know where you are or they cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Will the UK Police be informed?

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances in which information about you may need to be shared by ourselves or authorities in India.

Do I need a lawyer? / How can I find a lawyer?

Although we cannot give legal advice, start legal proceedings, or investigate a crime, we can offer basic information about the local legal system, including whether a legal aid scheme is available. We can give you a list of local interpreters and a list of local English-speaking lawyers - these lists are attached to this pack. [See also page 26 - what kind of legal assistance is available?] While you do not necessarily need a lawyer and you have the right to represent yourself in court, you will want to consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. In no circumstances can we pay your legal or interpretation costs.

Can you get me out?

We cannot get you out of prison or detention, nor can we get special treatment for you because you are British. However, if you are not treated in line with internationally accepted standards, we will consider whether to approach local authorities. This may include if your trial does not follow internationally recognised standards for fair trial or is unreasonably delayed compared to local cases.

Who else can help me?

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families: https://www.prisonersabroad.org.uk.

Chapter 2: Detention conditions in India

You should be aware that prison rules and conditions vary widely across India. The information below is generalised and may differ from the rules imposed where you are held.

Visits: friends and family

Can my family and friends visit me? How can I arrange a visit?

Prison visiting rules vary widely across India, so your family or friends should contact the prison authorities where you are detained well in advance to find out the rules and regulations around visits. Prisons in India allow only immediate family to visit. Depending on where you are being held, we may be able to ask the prison to make an exception for friends to visit in rare cases, but we cannot guarantee they will agree.

Most prisons have specified visiting days/ hours and visitors’ areas. These may differ for those on trial (remand) and for those serving a sentence. For example, those on remand may be allowed more frequent visits than those serving a sentence. Some prisons restrict the number of people who can see you per visit.

What can visitors expect?

• visitors will be allowed to meet you only in the visitors’ meeting room. In most prisons there will be glass separations between you and visitors. You should be aware that visiting conditions may be crowded and uncomfortable for those visiting you
• visitors must carry photo ID
• they will not be allowed to bring in any personal belongings including valuables like phones and wallets. Some prisons may provide lockers at the gates for this
• visitors must also be prepared to have the guards search them and examine any items they are bringing you.
• the time you get with your visitor will depend on prison rules

What can visitors bring?

Family or friends may be able to bring the following items:

• food (limited items)
• clothes (including warm clothes), blankets, slippers and shoes without laces
• books, magazines, newspapers. These may not be allowed if prison authorities consider them objectionable or inflammatory
• items of hygiene like soap, shampoo, sanitary towels, toothbrush, toothpaste etc

The rules on what items can be brought by visitors will vary from one prison to another. Family or friends should contact the prison authorities to check what items are allowed. Some general rules:

• in some prisons, non-vegetarian food (including eggs) may not be permitted
• all food will be checked before being handed over to you
• some prisons might allow only food products that are sealed in factory packaging
• if you are on remand, you may be able to seek permission from the court to have home-cooked meals delivered to you in prison. The Court will decide this based on your personal circumstances and those of the prison
• items in glass or metal containers, knives, blades, shaving equipment and medicines of any description, cigarettes, tobacco and matches are not normally permitted
• medicines are allowed if prescribed by the prison doctor and in some cases if you have a running prescription

Visits: consular staff

After our initial visit to you, we will visit you once every quarter. If there are situations where we have concerns about your health and welfare, we may visit more often. Visits require us to have your consent along with permission from the Ministry of External Affairs, New Delhi.

You can write to us at any time on matters of concern but if it is urgent, it may be quicker to ask prison authorities to contact us on your behalf.

Emergency trips outside of prison

You may be able to visit your family in the event of a death or critical illness, with the permission of the court. This must be done through your lawyer. The British High Commission cannot make any guarantees on your behalf, if required by the court. If you are serving your sentence, you will need the prison’s permission. You should be aware it is very unlikely you will be allowed to leave the country if your family is overseas.

Police custody and initial arrival at prison

Arrival at the police station and basic rights

Immediately after your arrest you will be brought to the police station (or the office of the arresting agency) and will be kept in police lockup for questioning. This is referred to as ‘police custody’. This cannot exceed 15 days. Conditions in police stations vary.

Your rights during police detention are governed by several different provisions of law and guidelines set down by the Supreme Court of India and the National Human Rights Commission.

These rights include:

• when arrested, the police are obligated under law to immediately inform you about the grounds of arrest in a language you understand
• the use of force should be avoided during arrest. The use of handcuffs and fetters are not the norm. If the police do resort to using them, an explanation must be recorded by them in the Daily Diary Report and must be shown to the court
• you are entitled to a copy, free of cost, of the Police Final Report (commonly known as charge-sheet), First Information Report (F.I.R), and all documentary evidence against you
• if arrested for a bailable offence, police should inform you of your right to be released on bail
• you must be produced before the nearest competent Magistrate within 24 hours from the time of arrest, excluding the time taken to travel
• when arrested, you are entitled to have a friend or relative informed of the arrest, including the grounds of the arrest, and where you are being detained as soon as possible
• if your friend or relative lives outside the district or town, he or she must be notified of the time and date of arrest and venue of custody by the police within 8 - 12 hours of your arrest
• you have the right to consult and be defended by a lawyer of your choice. Your lawyer may be allowed to meet you at the time of interrogation but may not be allowed to remain present throughout
• you have the right to remain silent during investigation. Police officers are not allowed to use any form of torture under the law
• the person carrying out the arrest and handling the interrogation must wear accurate, visible and clear identification and name tags with their designation
• arresting authorities must prepare a memo of arrest. They must have this attested by at least one witness. The memo must contain the time and date of arrest and be countersigned by you
• it is mandatory for the police to take you for a medical examination within 24 hours of arrest. You have the right to obtain a copy of this report
• you cannot be held in police custody for the purpose of investigation for longer than 15 days
• the police must not offend your dignity, for example through public display or parading
• if you are a woman, you can only be searched by another woman
• the law states that no woman shall be arrested between sunset and sunrise. However, in exceptional circumstances, a woman police officer can obtain the permission of the Judicial Magistrate First Class to do so outside of this specified time. This must be done prior to the arrest

In addition to these rights, the Vienna Convention on Consular Relations (1963) also confers certain rights on foreign nationals. As a foreign national, you have the right:

• to have competent authorities inform the British High Commission of your arrest or detention, at your request
• to reasonable facilities to communicate with your consular representatives
• to refuse visits or communication made by consular representatives
• to a translator in case you and the arresting officer do not speak the same language, and to a translated copy of the charge-sheet so that you are able to defend yourself adequately

Torture and mistreatment

We take all allegations of torture and mistreatment very seriously. If you have been subjected to torture or mistreatment, please inform your lawyer as soon as possible. Please also inform consular staff as soon as you can. You can also ask your lawyer to bring it to the attention of consular staff.

If you are mistreated while in police custody, you should inform the judge when you are brought to the court and provide a written account of your complaint. The judge will usually order a medical check-up before investigating your complaint.

Please try to see a doctor, obtain a medical report and document any injuries, including photographs, if possible. If you are denied medical treatment after being subjected to torture or mistreatment, we can also raise this with the authorities where appropriate and with your consent. You can also ask your lawyer to register a complaint in the court if you are denied medical treatment.

We will do our best to visit you, to check on your welfare, help you access medical care, discuss the allegations and inform you of any local complaints procedures. With your permission, we can consider raising allegations of torture and mistreatment with the local authorities.

The passage of time may affect the ability of local authorities to investigate allegations of torture and mistreatment. However, this should not prevent you from raising a complaint at any stage.

Appearance at court

When the police first produce you before a court, they are required to produce certain documents related to your arrest - the First Information Report, the arrest memo, medical reports, and other police case diary entries. The court must be satisfied that your arrest or detention is legal before sending you back into police custody for further investigation (if within the 15-day time limit) or straight to ‘judicial custody’. The latter means that you are now in prison under the care of the court. In India, this is also called being an ‘under-trial (U.T.) prisoner’.

At your first appearance in court, the judge will ask you if you have a lawyer. If you are unable to afford one, the court will request the state legal aid authorities to assign you one or will have you sent to the legal aid services authorities to request for one. It is possible to request the legal aid services of a lawyer of your choice. Legal aid authorities must decide on your application for legal aid immediately or within seven days of receiving the application. If you are entitled to free legal aid, they will assign you a lawyer and notify you and the lawyer of the assignment.

If you are in custody, the services of the legal aid lawyer will be free. If you are on bail, you may be required to demonstrate that you cannot afford a private lawyer and are therefore eligible for free legal aid.

The court will also ask if you have any complaints against arresting authorities or other concerns.

While police records and business in court may be conducted in the local language, court records are normally maintained in English. You should let the court or your lawyer know if you need an interpreter appointed for you.

More information about the Indian judicial system can be found in Chapter 3.

Initial arrival at the prison

You will be required to undergo a mandatory medical examination if you are being transferred from police to judicial custody. This is to check that you are fit to be held in custody. Procedures may vary across the country.

When you arrive in prison, prison authorities will document your arrival and record when you must next be taken to court.

The prison will hold on to some of your personal belongings for as long as you are in prison. They will maintain a record of your belongings and allow you to retrieve them any time you leave prison. You can also have someone else collect them from prison authorities on your behalf. You will need to check if you can have a copy of the prison record if this is something you want.

Money will be taken off you as well and deposited in a prisoner fund account. You may be able to withdraw money for certain needs, but most prisons will deduct money from your account as you make purchases at the prison shop.

If you are arriving at prison with prescription medication, you will be required to leave this with the medical dispensary at the prison. They will ensure you receive your medication when needed.

Some prisons might have a separate facility to hold new inmates who are on remand. On your arrival, you may be held there for a few weeks before being moved to another block. If you are being admitted to judicial custody, the prison will generally allow you to wear your own clothes. Uniforms are normally provided only to those serving a sentence.

You will not be allowed to make or receive telephone calls once you arrive at the prison. If you need to inform friends or family that you have been taken to prison, you should ask the prison or your lawyer (if you have one) to contact them and/or your consulate.

Prison: conditions and daily life

Accommodation

Prison conditions vary across the country, but most are severely overcrowded with little or no natural light.

Sentenced prisoners and those under trial are normally held in separate barracks in prison. In some states, you may be moved to a different prison on conviction.

Most prisons have dormitory-style barracks while some also have cells that are single or shared between several inmates.

Bedding or mattresses are not always provided and where they are, only basic bedding may be provided in the form of rugs, blankets or mattresses. You may be able to have friends bring you extra bedding material with the permission of the prison or the court.

Food and diet

Many prisons serve only vegetarian food. Some include eggs, milk and fruit. You can also purchase certain food items from the prison canteen, if one is available.

Consular staff can bring permitted foods during a visit, paid for from your deposits. Check with the Prison Superintendent what food is permitted and in what quantity before making requests.

In some prisons on days of religious significance e.g., Ramadan, a special diet may be served. Prisoners with health issues e.g., HIV, TB may also be prescribed a special diet by the Medical Officer.

Filtered or purified water is provided in many prisons.

Hygiene

Bathroom and laundry facilities across prisons will be very basic and communal or shared. Many prisons have a bucket-bath system instead of showers. Many prisons will allow you to have a bath daily if water is available, but this will vary across prisons. You can purchase toiletries from the prison shop or have them brought to you by visitors.

Work and study

If you are on remand/under trial, you are not required to work. However, convicted prisoners may be required to work depending on sentencing conditions. You will be paid daily wages within the prison rules. The wages are likely to be minimal.

Most prisons have workshops in carpentry, cooking and weaving, and prisons with larger areas may have farming. These may only be available to convicted prisoners. We suggest that if work is available, you give it some consideration as it is a means of keeping yourself mentally and physically fit and you may be able to use your earnings for additional prison comforts from the prison shop.

Many prisons offer opportunities for study courses including degree or diploma qualifications. These are usually long-distance courses or postal/correspondence studies and may be in English. You will need to check with the Superintendent of the Prison about whether they have the facilities to allow you to study as facilities vary from prison to prison.

Contact and languages

Prisoners may be allowed to intermingle in some prisons, but only at specific times and in designated areas.

Where possible prisons may try to keep English-speaking inmates together, but this is not the case in all prisons. In most prisons, staff communicate in the local language and may know only a little English. Some prisons have books to help you learn the local language.

Family and friends can also send you some language study books. Consular staff may also be able to help with this.

Detainees are not permitted to own or use phones. Most prisons do not have facilities for detainees to make or receive calls. You can apply to the court or Prison Superintendent for permission to make calls to your family or friends, but this may not be granted particularly if it is an international call.

Internet access is not generally available to detainees in prison. Some prisons provide writing material; where this is not provided, we may be able to send or bring you some using your funds to pay for it. You can send and receive letters to and from family/friends, but you should be aware that all incoming and outgoing mail will be checked by prison authorities.

Some prisons have basic library facilities. Basic entertainment may be provided in the form of television which is shared by large numbers of inmates. Newspapers, if provided, may be in the local language. However, some prisons will allow you to buy English newspapers. Consular staff may be able to bring you books if you have an interest in reading.

Exercise

In some prisons, prisoners are allowed to move out of their barracks for a limited amount of time each day for exercise or sport.

Climate

India’s climate is mainly hot and humid, with severe winters in some places. Monsoons are heavy with pervasive damp for three to four months of the year. Some prisons offer extra bedding or blankets in parts of the country where winters are severe. Similarly, some prisons provide fans during hot and humid summers. Family and friends can send you appropriate clothes. Consular staff can also buy clothing from your funds, if necessary.

Religion

Some prisons may have a place of worship within the facility. Full-time religious ministers may not be available, but they may be allowed to visit. Most prisons will allow you to practice your faith, for example, Muslims are allowed to maintain their fast during the holy month of Ramadan.

Rules and regulations (including drugs)

You will need to find out the rules and regulations of your prison yourself by asking prison authorities and other inmates, because it is very rare that they will be explained to you on arrival. Notices and signage, if any, may be in the local language.

Prisons in India take misbehaviour, rule-breaking and violence seriously. Restrictions and sanctions are usually imposed in the form of withdrawal of privileges. Prison officials do not tolerate personal insults or abuse, and in extreme or repeat cases, the prison may lodge a police complaint against you, adding to time within the judicial system.

If you are a victim of violence within the prison, you may wish to report it to the Prison Superintendent and your lawyer. You may also wish to speak to consular staff who can raise it on your behalf. We recommend you speak to your lawyer as soon as possible, as they may also be able to raise it in court.

Drugs are strictly prohibited in prison and surprise checks may be conducted. If caught with drugs, you may be tried separately for drugs-related charges which could lead to a longer time in prison or undergoing trial.

Prison: access to help and services

How can I receive money?

There are two ways in which you may be able to receive financial assistance while in prison.

• Private Funds: Deposited to you by your family or friends. See Annex 11 for instructions on how to send funds
• Prisoners Abroad: Depending on where you are detained, if your family can’t support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials

The British Government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family.

The Foreign, Commonwealth and Development Office (FCDO) operates a “Prison Comfort” system for money transfers to prisoners. Please ask your family to get in touch with the FCDO in order to arrange this.

We are unable to receive payment by credit or debit card, or by cash.

The mechanism by which you can receive money differs from prison to prison. In some places money can be sent to you either via postal money order (from within India) or brought to you by the Consular Officer on the day of their visit to you. Some states or prisons may have a limit on the amount of funds you can receive via money order per transaction or per month. We recommend you speak to the prison authorities and your consular representative for more information on this.

Prisoners Abroad

In addition, Prisoners Abroad, a UK charity, may be able to assist you with funding for prison essentials and some medical care if you are not in receipt of any regular donations from other sources. See Chapter 4 for more details.

Can I receive medical and dental treatment?

While you are in detention, the Indian authorities are responsible for ensuring your medical needs are met. If you have a medical emergency, please alert prison staff immediately.

Many prisons have small clinics attached with a prison doctor in attendance. You may need to make an appointment with them for non-emergencies.

If you need medical facilities which are not available within the prison hospital, the doctor will refer you to a government hospital outside the prison.

With your permission, we can make sure any medical or dental problems are brought to the attention of the prison doctor. We can also liaise with your GP in the UK, if the prison doctor requests previous medical records and this is in your vital interests.

Most prisons have arrangements for a dentist to visit the prison at regular intervals. You may need to make an appointment in advance.

Psychiatrists/psychologists are not normally available in prison. However, if you require treatment for mental health issues, the prison authorities should refer you to a government hospital with psychiatric facilities.

If you want private medical treatment you will have to apply for permission to the court (if under trial) or prison (if convicted). You will have to meet all costs, including those of police escorts.

If you require corrective spectacles, you should try to arrange this through the prison. Where this is not possible, you may need to use your own funds. If the prison does not arrange this for you, consular officers may be able to arrange a pair for you if you have a prescription.

Mail/Parcels

You can send and receive mail in prison, but all mail into and out of prison will be censored, leading to delays. You will need to buy stamps from the prison shop.

You can receive parcels with the permission of the Prison Superintendent or an officer designated by him. However, all parcels will be examined and items which are not permitted will be confiscated. Parcels sent from outside India are also subject to customs checks. You should expect delays in receiving parcels through normal postal channels.

You may be allowed reading material such as newspapers, magazines and books, if they do not contain any objectionable material.

Letters or parcels for you must be addressed correctly. They should include your full name, prison number, barrack or circle number (where applicable) and the full name and address of the prison.

Can I make telephone calls?

Detainees are not permitted to own or use phones. Most prisons do not have facilities for detainees to make or receive calls. You can apply to the court or Prison Superintendent for permission to make calls to your family or friends, but this may not be granted particularly if it is an international call.

How can I make a complaint about mistreatment?

If you have been tortured or mistreated, please inform Consular staff as soon as it is safe for you to do so. We will then do our best to visit you to check on your welfare, discuss the allegations and inform you of any local complaint procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we may also be able to raise your allegations of torture and/or mistreatment with the authorities.

If you are mistreated while in police custody, you should inform the judge when you are brought to the court. The judge will usually order a medical check-up before investigating your complaint.

If you are mistreated while you are in prison, you should discuss this with your lawyer and think about informing the judge and/or the Prison Superintendent so they can consider taking necessary action.

Chapter 3: the Indian Judicial System

Overview and first steps

Is the system the same as the UK?

The Indian legal system follows trial by a judge, not a jury, and is heavily over-burdened. The number of cases allotted to any one court usually far exceeds the capacity of the court set up to handle them. Additionally, each court in India handles several cases simultaneously, so one case is not heard in totality from start to finish over a few days like in the UK. This means that you will experience lengthy delays in being brought to trial and extensive delays between consecutive court hearings. Trials can go on for several years before a verdict is pronounced. You may however be able to apply for bail pending trial (for more on bail, see section ‘What provision is there for bail’).

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British or ask the authorities to waive any penalties.

The Supreme Court of India is the top court and the final court of appeal, and the Chief Justice of India is its top authority. High Courts are the top judicial bodies in the states, controlled and managed by Chief Justices of States. Below the High Court are District Courts, also known as subordinate courts, controlled and managed by District and Sessions Judges. There are several lower trial courts under this. Special courts are also set up to hear specific cases that are governed by Special Acts, such as those covering drugs, children, terrorism, etc.

What should happen when I am arrested?

On arrest

You will be taken to the police station and held in police lock up.

If you are arrested for a bailable offence, it is the duty of the police to inform you of the right to bail. Your right to bail in such a case is automatic, which means you do not need to apply for it and may be granted bail either by the police or by the court on satisfying certain conditions.

If you have been arrested for a non-bailable offence, you do not have an automatic right to bail. Your lawyer will need to apply for bail before a competent court. The court will consider various factors and will use its discretion to grant or deny bail.

The Code of Criminal Procedure, 1973 (CrPC) and Special Acts that govern certain offences define which offences are bailable and which are non-bailable.

While in police custody, it is the duty of the police to inform your family members or friends that you have been arrested, the grounds of arrest and the place where you are currently detained. It is also their duty to ensure that your rights as listed in Chapter 2 are provided to you.

Please note that arresting officers cannot arrest or hold you in custody without a warrant for more than 24 hours. The arresting authorities must produce you before the nearest magistrate within 24 hours of detaining you, excluding the time necessary for the journey from the place of arrest to the magistrate.

During police custody, the police (or other arresting authority) may interrogate you and record your statement. The law prohibits police from using any form of torture. Any confession obtained during police custody is not admissible in court except when articles are recovered following your statement. Think carefully before signing any document especially if it is not in English. In some cases, your statements can be used against you in your trial. If you have signed statements or confessions that you did not write or understand, or that you do not believe to be true, speak with your lawyer about whether these can be retracted in court.

Should you have any questions concerning the legal aspects of your arrest, please contact a lawyer. A list of local English-speaking lawyers is provided at the end of this pack.

On medical examination

Under the law, police can compel you to undergo a medical examination to facilitate investigation and to find evidence. The law mandates that the examination of the accused shall be carried out by a medical officer in service of the state or central government. If one is not available, any registered medical practitioner can do so, and can examine blood, blood stains, semen, hair samples, nail clippings etc.

The medical officer is required to prepare a record of the examination, noting any injuries or marks of violence on your body and approximating a time at which such injuries may have been inflicted. You are entitled to a copy of this report.

The police must also check that you are medically fit to be held in their custody.

The law also gives you the right to have yourself medically examined, should you require it. Raise this yourself with the arresting authority and also ask your lawyer to raise it. During such examination, you should bring to notice any injuries that have resulted from the use of police force, torture and mistreatment. This will enable you to protect your health and defend yourself properly should you need to do so.

On first production before a magistrate or court

On being produced before the magistrate, arresting authorities are required to produce their case diary, the First Information Report (FIR), a copy of the remand application giving details of the offence, along with copies of the panchanamas (witness statements), memos, your statement (if any) and your medical examination records.

For how long can I be remanded in custody?

The law allows for you to be held in custody until investigations are complete. There are two kinds of custody - police custody and judicial custody.

The ordinary time to complete investigation is 24 hours. Following the initial 24 hours, the police can request further custody over you if necessary for their investigation. If satisfied that an offence has been committed, the court will send you to further police custody.

The court may choose to send you to police custody for 4 to 5 days at a time but cannot remand you to police custody for more than 15 days in total for the purpose of further investigation. After this, you will be sent to judicial custody unless you apply for and are granted bail at any point.

Judicial custody will mean you are moved out of the custody of the arresting authorities and into a prison, where you will be deemed to be held in the custody of the court.

While in judicial custody, every offence has a stipulated time frame within which the arresting authority must file their case papers, also known as a charge-sheet, against you. You can be held in judicial custody for a period that may extend to 90 days if accused of an offence that is punishable with death, life imprisonment or imprisonment exceeding 10 years. You can be held for a period of up to 60 days in all other cases.

You will continue to remain in judicial custody until the charge-sheet is filed, unless you obtain bail at any point.

If the charge-sheet is not filed within the stipulated time period, you are entitled to default bail under Sec. 167 Cr.P.C. You may apply for bail on the expiry of this stipulated time, and you will be released once you furnish bail.

You should be aware that the law around certain offences allows the arresting authorities to request the court for additional time to file the charge-sheet.

What happens when I am charged?

After the charge-sheet or final complaint has been filed by the arresting authorities, your lawyer and the prosecutor will have the chance to present arguments before the court on this. Following this the court will either formally discharge or charge you with one or more of the offences levied against you by the police. All of this can take up to a few months from the time your charge-sheet is filed in court.

If the court does formally charge you, the judge will read these charges out to you and ask whether you wish to plead ‘guilty’ or ‘not guilty’.

If you plead ‘guilty’, the judge will record your plea and may exercise discretion on convicting you. Any time you have been held in prison will be off set against your sentence on conviction.

If you plead ‘not guilty’, you will be tried in court. Your trial will commence with the judge directing the prosecution to issue summons to their witnesses.

Trials for criminal offences can take anything from a few months to several years for completion. You should be aware that you are likely to be detained for the entire period if you are charged with serious offences such as the possession of drugs, murder, rape, etc. You have the right to apply for bail at any point.

What provision is there for bail?

There are different types of bail. Depending on the severity of the crime, some offences will be considered non-bailable. If you fear you might be arrested at some point for a non-bailable offence, you should contact your lawyer about seeking anticipatory or pre-arrest bail. The court will use its discretion while granting and imposing conditions around your bail.

If you have been accused of a bailable offence, you have the right to automatic bail.

However, if you have been accused of a non-bailable offence, you do not have a similar right to automatic bail but have the right to apply for bail. The court will consider your application based on several factors such as the nature of the offence and of evidence, reasonable apprehension of the witnesses being tampered with, the likelihood of the offence being repeated, and the possibility of your fleeing the country.

If granted, bail usually involves conditions such as a cash surety. The cash surety will involve depositing a specified amount of money with the court, normally in the form of a bank fixed deposit. The court may require your deposit to be placed by one or more local individuals who agree to stand as guarantors - i.e., to guarantee your presence at trial.

Bail may also include conditions such as periodic reporting to the local police and, almost certainly, the retention of your passport. You may be able to seek modification of bail conditions by the court.

It is also important to note that the bail order can also be cancelled or revoked by the court, especially if there is a breach of bail conditions.

If bail has been refused, you can re-apply for bail if there is a material change in circumstances or if there are fresh grounds. You also have the option to appeal against the bail order before higher courts as per the hierarchy of courts. The arresting authorities have equal rights to appeal.

• the British High Commission does not stand surety for British nationals. We can however assist you with contacting friends and family who may be willing to help

• the FCDO is not able to facilitate the transfer of bail funds

• please bear in mind that being granted bail may result in a considerably lengthier trial period. This is because trials of those in custody are normally prioritised over those released on bail

Before you seek bail, ensure that you have the finances to support your daily life, including any medical bills. You will also need to ensure you can arrange accommodation to stay for the length of your trial (you will need to inform the court of your address). If your passport is not returned to you, you will need to arrange to obtain a certified copy or alternative identification papers; you should speak to your lawyer about this.

For as long as you are on bail, you must make sure to extend or have the appropriate Indian visa. It is illegal to remain in India without a valid visa which means you can be arrested even though you are here waiting out your trial. Please speak with your lawyer or with the nearest Foreigners Regional Registration Office (FRRO) if you have any concerns around your visa. FRRO services must be applied for online at https://indianfrro.gov.in/frro/.

Please be aware that the FCDO cannot arrange funds, identification papers, accommodation or visas for you.

Trial and legal assistance

What kind of legal assistance is available?

If you wish to hire a private lawyer, a list of English-speaking lawyers is provided at the end of this pack. Prisoners Abroad can also supply information on legal aid, court proceedings and can advise on appointing a lawyer.

You can engage a lawyer of your choice to represent you at any time before or after your arrest. A representative list is attached (see Annexure 1). Please note the disclaimer. We suggest that you seek legal advice before talking at length to the authorities.

Most lawyers expect a part of their fees to be paid as soon as you engage them. The rest of the fee may be paid as your case progresses. Fees may be fixed depending on the nature of the offence alleged against you. The fee may also be a fixed sum per hearing. It may also include costs such as those for transport. You should speak with your lawyer about any additional costs you may incur during the trial. You or your family may be able to speak with your lawyer to agree on a payment plan.

Lawyers may appoint junior assistants or colleagues to handle your case from hearing to hearing. You should discuss your expectations and agree a way forward with your lawyer as soon as possible.

If a lawyer is willing to represent you, they will ask you to sign a Vakalatnama, which is a document authorising them to represent you in court. The Vakalatnama will be filed with your case papers in court and this lawyer will remain your advocate on record, unless their services are terminated by you or they withdraw from your case.

Legal aid is available if you are unable to afford the services of a lawyer.

At your first appearance, the court must enquire if you have legal representation. If you cannot afford a lawyer, the court will request the state legal aid authorities to assign you one or will have you sent to the legal aid services to request for one. Legal aid will be free of cost to you. It is possible to request the free legal aid services of a lawyer of your choice. Legal aid authorities must decide on your application for legal aid immediately or within seven days of receiving the application. If you are entitled to free legal aid, they will assign you a lawyer and notify you and the lawyer of the assignment.

You should speak with your lawyer or the court if you need to appoint a translator. The law requires that if you are present in court while evidence is being presented and it is in a language you do not understand, it should be explained to you in a language you do understand. You may need to pay for the services of the translator unless you have sought legal aid services.

What happens at the trial?

Three principal Acts govern the law relating to trial of offences and functioning of the courts in India:

1. The Criminal Procedure Code, 1973 (Cr.P.C.) which is a comprehensive set of rules that defines the powers of the police and the judiciary, and lays down procedures to be followed in the conduct of an inquiry/trial
2. The Indian Penal Code, 1860 (IPC) which lists offences and the corresponding punishment that a judge can impose; and
3. The Indian Evidence Act, 1872 which details the rules of evidence which are applicable in the conduct of trials

For offences under special laws (e.g., the Narcotic Drugs and Psychotropic Substances (NDPS) Act), the special law will prevail.

You will first be produced before a Judicial Magistrate’s court (in districts) or the Metropolitan Magistrate’s Court (in cities). If the offence is serious, it will be transferred to a Court of Sessions. Judicial Magistrates/Sessions Courts have the power to conduct trials and convict or acquit you.

If you are accused of offences governed by special laws (such as the NDPS, POTA or Children’s Act, for example) you will be tried in a special court.

Stages of trial before the Court of Sessions:

Opening Case of Prosecution

After your charge-sheet has been filed in court, the Prosecutor is required to open the case by explaining the charges made against you. The Prosecutor must also state the evidence they will use to prove your guilt. Your lawyer will have an equal chance to argue for your discharge - i.e., against prosecution and their evidence. Your lawyer may ask the court to drop all or certain charges against you. This stage is also referred to as the ‘arguments before charge’. After hearing these, the judge will examine documents and records of the case. One of two things may happen following this stage:

1. Discharge: if there are insufficient grounds to proceed against you, the judge will immediately discharge you from trial and record the reasons for this. This means that all charges against you will be dropped. Court decisions at this stage can be appealed by either side.

2. Framing of charge: if the judge is of the opinion that there are enough grounds to assume you have committed an offence that must be tried exclusively by the Court of Sessions, they will frame charges against you. The judge may, at this stage, drop some of the charges against you or order additional charges to be levied against you.

3. Explaining the charge to the accused: framing charges against you will involve the judge reading and explaining the charges to you, and further asking whether you plead guilty or not guilty. Along with that, the judge has to also ensure you have understood the charges fully.

4. Conviction on Guilty Plea: if you plead guilty, the court has the discretion to accept this and convict you, or reject your plea. The court must exercise due care and ensuring you have made your plea voluntarily and not under duress or inducement.

5. Trial: If you plead ‘not guilty’ (or if you refuse to plead), you will be put on trial. Once you plead not guilty, the judge will fix a date for examination of witnesses and material evidence. This is the beginning of your trial, which will take its course as follows:

• examination of prosecution witnesses
• examination of the accused
• examination of defence evidence (if any), including witnesses
• arguments: after all the witnesses have been examined by both sides, the prosecution will sum up their case. Your lawyer is entitled to reply to these arguments
• judgement: after hearing arguments, the judge pronounces a verdict of acquittal or conviction. You are entitled to a copy of the judgment free of cost

Conviction, sentences and acquittal

If you have been convicted, the judge will hear both prosecution and defence on what sentence should be passed. Following this, the judge will use their own discretion to fine and/or sentence you according to law. Any time that you have already served on remand in detention will be offset against your sentence.

You can apply to have your sentence suspended (normally up to 30 days) while you arrange to appeal the verdict.

If you have been acquitted, the prosecution has the right to appeal within six months. You will be required to deposit a surety amount with the court. This is to guarantee your presence before a higher court if an appeal is indeed sought by the prosecution. This appeal period also means you will need to stay in India until this time has lapsed or the prosecution agrees not to appeal the acquittal. If you are unable to deposit this surety amount, you may have to remain in detention until the appeal period lapses.

How can appeals be made?

You can appeal your conviction in a higher court (the next court up in the hierarchy of the state), usually within 30 to 60 days.

Where the appellate court grants an appeal against a conviction, it may reverse the lower court’s decision in whole or in part. Where the appellate court denies an appeal, the lower court’s decision stands. While there is no provision in law for a second appeal, you can approach the Supreme Court over a High Court decision. The Supreme Court, which is in New Delhi, is the final court of appeal in India.

You should be aware that appeals can take several years to complete and you will have to remain in detention during this time, unless granted bail.

Reaching the end of your sentence

What provision is there for early release, remission, commutation, or for clemency and pardon?

Remission involves a reduction in the length of sentence without changing the nature or character of the punishment. Commutation on the other hand is changing the nature of punishment to one that is less severe.

Indian law empowers the President of India and the Governors of states to remit or commute a sentence, and to grant pardon in cases attracting the death penalty. Laws governing certain offences (such as under the Narcotic Drugs and Psychotropic Substances Act) may bar the suspension or commutation of a sentence.

In addition to this, the law also prescribes eligibility for early release from a life sentence. In most cases, you can be considered for early release from a life sentence if you have served 14 years of your sentence (without any remissions). Your release can depend heavily on your behaviour and conduct in prison and will normally be allowed if recommended by the Sentence Review Board.

What about any financial penalties?

If you are convicted, the judge may impose a financial penalty. While the amount of penalty is left to the judge’s discretion it will depend largely on the nature of the offence for which you have been convicted. You can pay the fine while serving your prison term or before you are released from the prison. If you are not able to pay the fine you will need to serve additional prison time, which will be set out in the order passed by the judge.

Is transfer to another prison within India possible?

You can be transferred to any prison within the state’s jurisdiction, but you cannot normally be transferred to a prison outside the state (some exceptions exist, for example for those detained under the National Security Act).

Is transfer to the UK a possibility?

Yes, you can be transferred to the UK to serve the remainder of your sentence. See the attached Annexure on the UK/India Prisoner Transfer Agreement.

To transfer, you must:

• be a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
• not be awaiting trial
• have exhausted all appeals against your conviction and/or the length of your sentence; or have waived your right to an appeal
• have at least 6 months of your sentence left to serve when you apply for transfer
• have no outstanding fines or other non-custodial penalties

The offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland.

You should be aware that the authorities in either the sentencing country (India) or the receiving country (UK) may refuse your application.

We can send you the application form if you wish to apply for a prison transfer to the UK.

Once you complete the form and gather the paperwork required, prison authorities will send this to us or the Ministry of Home Affairs (MHA) on your behalf. The MHA will consider your application and put it forward to the UK Ministry of Justice (MoJ).

Processing your application can take well over a year. You should be aware that the sentence you will serve if transferred to the UK will be calculated according to UK law. The MHA can refuse your request if they do not approve of the sentencing period proposed by the UK.

To find out more about transfers to the UK: In prison abroad: transfer to a UK prison.

What are the procedures for release and deportation?

The court may order your deportation on completion of your sentence or on acquittal. If this is the case, local authorities will make arrangements for your deportation, and this can take time. Deportation need not necessarily be ordered by a court; this means local authorities (i.e., the FRRO) can choose to deport you even where the court does not specify this.

If you are being deported, you will be placed in detention while local authorities organise your deportation. Detention systems and facilities may vary across the country. We will however stay in contact with you to explain the process and guide you on what assistance is available once you return to the UK.

Please note that in most cases, you will be asked to pay your own airfare, even though you are being deported.

If you wish to challenge deportation orders passed either by a court or by the FRRO, please speak with your lawyer about how you might be able to do this.

If the court or local authorities do not specify deportation, contact the nearest FRRO on how you can apply to remain in or leave the country. Normally this would require you to apply for an ‘exit permit’ via the FRRO website prior to leaving. Processing the exit permit can take some time, please refer to their website for an idea on timescales.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. Possibly you have never lived in the UK and have no connections there, or perhaps you have lost touch with friends and family. You may simply want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad you can visit Prisoners Abroad when you first arrive back in UK for advice, to take a shower, use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance it is best to write and tell your caseworker when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Aftercare Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later, you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are The Salvation Army - UK Helpline 020 7367 4888, Monday to Friday 8 AM to 4 PM, or contact your local Salvation Army branch - and The Prison Fellowship, UK Helpline 020 7799 2500, Monday to Friday 9 AM to 5 PM.

Would I have a criminal record in the UK?

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 4: additional information

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner and issues that may affect you such as health or transfer to the UK
• obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translation of documents
• grants for food if you are in a developing country and don’t have funds from other sources
• grants for essential medicines and toiletries if you don’t have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting

Prisoners Abroad
89 - 93 Fonthill Road
London N4 3JH
UK
Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone: 0808 172 0098
(Mondays and Tuesdays 9.30 am to 6pm, and Wednesdays to Fridays 9.30 am to 4.30 pm, UK time)

Email: info@prisonersabroad.org.uk Website: https://prisonersabroad.org.uk

Glossary of terms

Term	Meaning
Bail	Release from police/ judicial custody whilst trial is ongoing
Cognizable Offence	Those offences in which a police officer may arrest without a warrant in accordance with the Schedule as provided in the Cr.P.C.
Non-Cognizable Offence	Offences wherein police cannot make an arrest without a warrant.
Final Report	On the completion of an investigation, the police submit a report to the Court stating whether an offence has been committed. If the report states that no offence is made out, it becomes a closure report. However, if the report states that an offence is made out, the report is called the final report, which is also commonly known as the charge-sheet.
F.I.R (First Information Report)	On receiving information that a cognizable offence has been committed, a written document is prepared by the police.
Police custody	Detained pre-trial prisoner in police lock up.
Judicial custody	Detained as an under-trial prisoner in a jail/prison.
Panchanama	Document/s prepared by the police during arrest and seizure in the presence of witnesses.
Remand	When an accused is sent back to the custody of the prison authorities to await his/her trial by the Judge.

Key phrases - English into Hindi

Phrase in English	Translation
On what grounds am I being arrested?	Mujhe kis aadhar pe giraftaar kiya ja raha hain?
I want to speak to my lawyer	Mujhe apne vakil se baat karni hain.
I want to meet a doctor	Mujhe doctor saab se milna hain.
I want to speak to the Judge	Mujhe Judge/Nyayadhish se baat karni hain.
I want to contact my High Commission	Muhje Angrezi/British/UK High Commission se samparak karna hai

Annexures

1. List of English–speaking lawyers
2. List of Private translators/interpreters
3. Transfers home for prisoners abroad
4. UK-India Prisoner Transfer Agreement
5. Prisoners Abroad authorisation form
6. Prisoners Abroad family contact form
7. Prisoners Abroad CFF form
8. Fair Trails
9. Reprieve information
10. Support for British Nationals Abroad: a guide

Transferring funds to British Nationals via the FCDO

Please note that we can only advance funds to the person overseas once your payment has cleared in our account.

Electronic Bank transfers

Payment by electronic/internet bank transfer can be made either using online or telephone banking, or at your local bank or building society.

For all bank transfers, you will need to include the following details:

Bank:	National Westminster Bank
Account Name:	FCDO Multi Vote
Sort Code:	60-70-80 Account
Number:	10012362
Reference:	FCDO case reference number, surname and first name of the person you are sending the funds for, plus country name if possible, e.g. 11-THB-123456 SMITH JOE - THAILAND or CON-1234 SMITH JOE - THAILAND
IBAN	GB56NWBK60708010012362
SWIFT/BIC	NWBKGB2L

You may also need our bank address which is:

National Westminster Bank,
Government Banking, CST
PO Box 2027, Parkland, De
Havilland Way, Howich, Bolton,
BL6 4YU

By Post

Payments by Postal Order, Bankers Draft, Building Society Cheque or personal cheque should be crossed and made payable to “The Foreign, Commonwealth & Development Office”. They should be sent to:

Accounts Receivable
Foreign, Commonwealth & Development Office
Corporate Service Centre
PO Box 6108
Milton Keynes MK10 1PX

We recommend that you use Special Delivery.

Please ensure that you include a note briefly explaining who the money is for, why you are sending these funds and quoting the FCDO case reference number. You may wish to use the payment slip on the next page.

If you would like a receipt, please include a stamped addressed envelope.

Please note that it can take approximately 15 days for personal cheques to clear and for payment to be received. Please write the cheque guarantee number and expiry date, and the FCDO case reference number, on the back of the cheque.

We are unable to receive payment by credit or debit card, or by cash.