An arrest in the UAE is frightening, especially far from home and in a legal system that works in Arabic. Knowing what happens next, which rights you have and who can help makes the first days far easier to manage, for the person detained and for the family waiting in India.

What happens when an Indian national is arrested by UAE Police?

Criminal cases in the UAE are governed by Federal Decree-Law No. 38 of 2022 on Criminal Procedures. The police (the law calls them judicial police officers) may arrest a person at the scene of an offence, or under an arrest warrant. Before taking a statement, they must tell the person what they are accused of and that they have the right to remain silent (Article 48).

The next steps follow strict time limits:

  • If the police do not release the person, they must refer them to the Public Prosecution within 48 hours.
  • The Public Prosecution must question the person within 24 hours of that referral, then either release them or order their detention.
  • If immediate questioning is not possible, the person may be held at a designated facility for no more than 24 hours (Article 102).

The Public Prosecution, not the police, decides whether the case goes forward. It can release the person, order detention, issue a travel ban, or later refer the case to court or dismiss it.

UAE law gives every accused person basic protections. The Indian Embassy in Abu Dhabi highlights these for Indian nationals:

  • Torture and degrading treatment are prohibited, and evidence obtained that way is void (Article 2).
  • You may remain silent, and you must be told the accusation clearly (Article 48).
  • Investigations and trials are in Arabic. If you do not speak Arabic, an interpreter or approved technical means must be provided (Article 8). Do not sign any document you do not understand; ask for an interpreter first.
  • A lawyer may attend the Public Prosecution investigation and review the papers, unless the prosecutor decides otherwise in the interest of the investigation (Article 98). You can always communicate privately with your lawyer (Article 106).
  • On entering a detention facility, you may contact a relative or anyone else to tell them where you are (Penal Institution Law, Article 13(6)).

A Public Prosecution detention order lasts 7 days and can be renewed once for up to 14 days. After that, only a criminal court judge can extend detention, in periods of up to 30 days, or order release with or without bail (Article 107).

How to request assistance from the Indian Embassy or Consulate

This is the step most people miss. Under Article 36 of the Vienna Convention on Consular Relations, the UAE authorities inform your embassy only if you ask. The Indian Embassy is clear that consular notification is not automatic: you must request it in writing, using the form presented at or after arrest. Without that request, the Embassy or Consulate will not be told.

Who to contact:

  • Embassy of India, Abu Dhabi: cases in the Emirate of Abu Dhabi (including Al Ain).
  • Consulate General of India, Dubai: cases in Dubai, Sharjah, Ajman, Umm Al Quwain, Ras Al Khaimah and Fujairah. The Consulate lists a dedicated contact for detention, jail and legal issues on its 24x7 hotlines page.
  • Pravasi Bharatiya Sahayata Kendra (PBSK): toll-free 800 46342 within the UAE, for guidance and free legal advice.

Consular officers can check on welfare, liaise with the authorities and keep the family informed. The Embassy also provides legal assistance in deserving cases, on a means-tested basis, through the Indian Community Welfare Fund (ICWF). The Embassy cannot act as your lawyer, interfere in the investigation or secure release.

Understanding bail, criminal prosecution and court proceedings

In the UAE, "bail" usually means provisional release ordered by the Public Prosecution or the court. For felonies and misdemeanours, the Prosecution may release a person at any time before the case is referred to court, on its own initiative or on request (Article 108). Release can be on a personal guarantee, a financial bail bond or a travel ban (Article 109), and the authorities often hold the passport. For offences punishable by death or life imprisonment, release needs the Public Prosecutor's approval.

Once a case is referred to court, only that court decides on release or detention (Article 113). In broad terms the case then moves through:

  • the Court of First Instance, where the evidence is heard and judgment is pronounced in open court;
  • an appeal to the Court of Appeal, which must be filed within 15 days (Article 234);
  • a further appeal to the Court of Cassation within 30 days, on points of law (Article 245).

Some offences can end through reconciliation between the victim and the accused, or penal mediation, at any stage (Articles 348–356). For offences that depend on a victim's complaint, a waiver by the complainant can end the case. A foreign national convicted of a felony and given a custodial sentence will be deported; for misdemeanours, deportation is at the court's discretion (Penal Code, Article 126).

How family members in India can assist someone detained in the UAE

Families often feel powerless from a distance, but there are practical steps they can take:

  • Contact the Embassy or Consulate with the person's full name, passport number, Emirates ID (if any), the emirate and police station involved, and the date of arrest.
  • Register a grievance on the Ministry of External Affairs' MADAD portal (madad.gov.in), which covers people imprisoned abroad and court cases abroad.
  • Engage a lawyer licensed in the relevant emirate. A power of attorney signed in India usually has to be notarised, attested through the legalisation process and translated into Arabic before it can be used in the UAE.
  • Collect useful documents: passport and visa copies, employment details, medical records and any messages or contracts linked to the case.
  • Be cautious of anyone who promises guaranteed release for a fee. Pay only licensed lawyers, against a written engagement.

Practical steps if you are arrested

  • Stay calm and cooperate, but do not sign anything you do not understand.
  • Ask for an interpreter if you are not fluent in Arabic.
  • Ask in writing for the Indian Embassy or Consulate to be informed.
  • Ask to contact a family member, and to speak to a lawyer before the Public Prosecution interview where possible.
  • Note the names of the police station, the case number and the prosecution office handling your file.

Frequently asked questions

Will the Indian Embassy automatically know if I am arrested in the UAE?

No. Consular notification is not automatic. You must ask the UAE authorities in writing to inform the Indian Embassy or Consulate, using the form presented at or after arrest.

How long can the police hold someone without involving the prosecution?

Under Article 48 of the Criminal Procedures Law, a person who is not released must be referred to the Public Prosecution within 48 hours, and the Prosecution must question them within 24 hours of the referral.

Does the Indian Embassy pay for a criminal lawyer?

The Embassy may provide legal assistance in deserving cases, on a means-tested basis, through the Indian Community Welfare Fund. It cannot act as your lawyer, and assistance is decided case by case.

Can a family in India appoint a UAE lawyer?

Yes. The family can engage a lawyer licensed in the relevant emirate, usually through a power of attorney that has been notarised, attested and translated into Arabic.

Sources and official guidance