Your rights at the time of arrest

The protections that apply at the time of arrest come from two places: the Constitution, and the Bharatiya Nagarik Suraksha Sanhita, 2023. Several of them were laid down by the Supreme Court before being written into statute, and they apply to everyone, regardless of the offence alleged.

1. At the arrest You must be told why The substance of the accusation, not the section numbers alone. Article 22(1) of the Constitution.
2. At the arrest Someone must be informed A relative, friend or nominated person, told of the arrest and the place of detention. The police must inform you of this right and record who was informed.
3. At the arrest Arrest memo and medical examination The memo attested by a witness and countersigned by you, recording the time and place. Injuries to be noted specifically.
4. Within 24 hours Production before a Magistrate Excluding the time necessary for the journey. No further detention is lawful beyond that period without a Magistrate's authority. Article 22(2).
5. Throughout The right to a lawyer To consult and be defended by a practitioner of your choice, and to meet an advocate during interrogation. Legal aid is available where you cannot afford representation.
6. Throughout No self-incrimination Article 20(3). A confession made to a police officer is not admissible in evidence against the accused.

The right to be told why

Article 22(1) of the Constitution provides that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for the arrest. This is not satisfied by being told the section numbers alone — the substance of the accusation has to be communicated.

The right to a lawyer

Article 22(1) also guarantees the right to consult and to be defended by a legal practitioner of your choice. An arrested person is entitled to meet an advocate during interrogation, though not necessarily throughout it. Where a person cannot afford representation, legal aid is available through the State and District Legal Services Authorities.

The right to have someone informed

An arrested person is entitled to have a relative, friend or other nominated person informed of the arrest and of the place of detention. The police are required to inform the person of this right and to record who was informed.

Production before a Magistrate within 24 hours

Article 22(2) requires that an arrested person be produced before the nearest Magistrate within twenty-four hours of arrest, excluding the time necessary for the journey. No further detention is lawful beyond that period without the authority of a Magistrate.

This is among the most important safeguards in the entire system, because it places the question of continued custody before a judicial officer very early.

Arrest memo and medical examination

• An arrest memo should be prepared, attested by a witness — ordinarily a family member or a respectable person of the locality — and countersigned by the arrested person, recording the time and place of arrest.
• The arrested person is entitled to a medical examination, and to have injuries recorded. Where there are injuries, ask for them to be noted specifically.
• Details of the arrest are required to be entered in the police records, and the police officer effecting the arrest should bear accurate, visible identification.

Protection against self-incrimination

Article 20(3) provides that no person accused of an offence shall be compelled to be a witness against themselves. A confession made to a police officer is not admissible in evidence against the accused. This does not mean you should be obstructive; it means you cannot be forced to supply the case against yourself.

Particular protections for women and children

• A woman may ordinarily be arrested only by, or in the presence of, a woman police officer, and as a rule not after sunset and before sunrise except in circumstances the law provides for, with prior permission.
• Where a child in conflict with the law is involved, the Juvenile Justice (Care and Protection of Children) Act, 2015 applies, and the procedure is materially different.

How to exercise these rights in practice

1. Stay calm and do not resist physically. Obstruction is a separate offence and it helps nobody.
2. Ask, clearly and once, what the grounds of arrest are, and under which sections.
3. Ask that a named family member be informed, and note the time.
4. Ask for your advocate to be contacted, and give the number.
5. Read the arrest memo before signing it, and note anything that is inaccurate.
6. Do not sign blank papers or documents you have not read.
7. Note the time, the place, and the names or numbers of the officers present if you can.

Conclusion

These safeguards exist to keep the process lawful and reviewable. Asserting them politely and precisely, and recording what happens, protects your position far better than either silence or confrontation.

Legal disclaimer

This content is provided for general informational purposes only and should not be considered legal advice. Every legal matter depends on its specific facts and circumstances. Readers should seek appropriate professional legal advice for their individual situation.