What Are Your Rights If You Get Arrested In India?

Being arrested in India can be terrifying, whether it is a surprise arrest or happening after a long period of investigation. But when it comes to arrest and custody, every individual is entitled to certain legal rights mentioned in the Constitution and the laws of India. These rights protect a person from police ill-treatment, in addition to ensuring justice.

In this article, we explain your legal rights if arrested in India, with key case laws that have shaped these protections. Whether you are a concerned citizen or someone supporting a loved one in custody, knowing these rights is your strongest shield.

Can Police Arrest You Without Explaining Why?

• Your Right to Know the Grounds of Arrest
• When clients call me and say, “Sir, they didn’t even tell me why I’m being arrested,” my first question is, did the police tell you the charge?
• They must. You are entitled to immediate notification of the reason for your detention according to Article 22(1) & Section 50(A) CrPC/Section 48 BNSS.
• Case Law Tip: In Joginder Kumar v. State of U.P, the Court said: “No arrest can be made without genuine justification.” Always demand to know the grounds, calmly, on record.

Should You Speak to Police During Interrogation?

• Right to Remain Silent
• I mostly tell my clients that “Silence is your legal right, not a sign of guilt.”
• Under Article 20(3), you are protected from self-incrimination.
• Case Law Tip: In Nandini Satpathy v. P.L. Dani, the Court upheld this right. You cannot be forced to confess or answer. Anything that could undermine your defense should be politely declined.

How Soon Must You Be Produced in Court?

• Right to Be Produced Before a Magistrate in 24 Hours
• I’ve seen cases where police keep people in lock-up for days, completely illegal.
• Under Section 57 CrPC/Section 58 BNSS, you must be taken to court within 24 hours.
• Case Law Tip: Khatri v. State of Bihar: Delay without valid reason is equals to illegal detention. Tell your lawyer or family to track this closely.

How Fast Can You Get a Lawyer?

• Right to Legal Representation, Immediately
• One of the first things I ensure for clients is that they speak to a lawyer of their choice right away.
• You are entitled to this under the Legal Services Act and Article 22(1). If you can’t afford one, free legal aid must be provided.
• Case Law Tip: Hussainara Khatoon v. State of Bihar: Fair justice includes free legal assistance. Insist on speaking to your lawyer before answering any police questions.

Can You Tell Your Family About Your Arrest?

• Right to Inform a Family Member or Friend
• One of the first steps I advise is to tell your family or someone you trust.
• Under Section 50A CrPC/Section 48 BNSS, this is your right.
• Case Law Tip: D.K. Basu v. State of West Bengal: Police must inform family.
• If police don’t offer, demand this right.

Can You Ask for a Medical Examination?

• Right to Medical Check-Up to Prevent Custodial Torture
• I always recommend my clients ask for a medical check-up, even if they’re not visibly injured. It’s a way to protect yourself.
• Section 54 CrPC/Section 53 BNSS guarantees this.
• It creates a record of your physical condition at the time of arrest.

How Do You Challenge an Illegal Arrest?

• Right Against Arbitrary or Illegal Arrest
• Any violation of procedure makes an arrest unconstitutional.
• Case Law Tip: Maneka Gandhi v. Union of India: The process must be fair, rational, and just.
• If police didn’t follow due process, your lawyer can move for quashing the arrest or seeking compensation.

How and When Can You Get Bail?

Right to Bail: What I Advise Clients

• Bailable offence: Bail is a matter of right.
• Non-bailable offence: The court decides based on merits.

Fear arrest: Apply for anticipatory bail under Section 438 CrPC/Section 482 BNSS.

Case Law Tip: Gurbaksh Singh Sibbia v. State of Punjab: Anticipatory bail safeguards individual liberty. Always consult your lawyer to file bail as early as possible.

How Are You Protected from Police Torture?

• Right to Be Treated with Dignity
• As a lawyer, nothing is more tragic than a client reporting custodial torture.
• Article 21 and Section 49 CrPC/Section 46 BNSS protect your dignity.
• Case Law Tip: D.K. Basu guidelines: Police face punishment for custodial abuse. Demand your medical exam. Record any signs of torture.

Can You Get a Copy of the FIR?

• Right to a Copy of the FIR
• Under Section 154(2) CrPC/Section 173 (2) BNSS, you are entitled to a free FIR copy.
• Case Law Tip: Youth Bar Association v. UOI: FIRs must now be uploaded online.
• Always demand a copy of your FIR, as it is essential to your defense.

What Are Your Rights Under Preventive Detention?

Rights During Preventive Detention

Though limited, even in preventive detention, you have rights:

• Grounds must be disclosed.
• You can challenge detention.
• Advisory Board reviews cases within 3 months.

Ask a lawyer to take action against unfair detention; don’t keep quiet.

D.K. Basu Guidelines: What Police Must Follow

I always remind clients and their families of these must-follow guidelines:

• Police officers must carry ID.
• Arrest memo signed by witness and arrestee.
• Family informed immediately.
• Time and place of arrest recorded.
• Medical exam every 48 hours.
• Lawyer access during interrogation.

If these rules are broken, your lawyer can take strong legal action.

Special Rights for Juveniles and Women

For Juveniles:

• Produced before Juvenile Justice Board.
• No detention with adults.
• Family informed immediately.

For Women:

• Only searched by a female officer.
• No arrest without the consent of the magistrate may be made after sunset or before morning. 

How to Fight Illegal Arrest or Torture?

Habeas Corpus: File under Article 32/226 of Indian Constitution to challenge illegal detention.

Compensation: Courts award compensation for illegal detention or custodial deaths.

Case Law:

• Rudal Shah v. State of Bihar:  Illegal detention compensation.
• Nilabati Behera v. State of Orissa: State liable for custodial deaths.

Final Advice: What I Tell Every Client Facing Arrest

If you or someone you know is arrested:

• Ask why you’re being arrested.
• Call a lawyer or family immediately.
• Request a medical check.
• Do not sign anything under pressure.
• Move for bail quickly.
• Challenge illegal actions through your lawyer.

And remember, staying calm and knowing your rights makes a huge difference.

Conclusion

Your rights matter. Knowing them gives you power and protection. If you or someone you care about is facing arrest, this knowledge could make the difference between fair treatment and serious injustice. Stay informed, stay calm, and reach out to your lawyer quickly.

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. In India, are police able to make an arrest without a warrant? 

Yes, police have the right to make an arrest without a warrant in cases involving crimes that are punishable by law, and they must follow due process by telling the offender why they are being arrested. 

2. What is the time that the police can detain me without producing me before a Magistrate? 

Within 24 hours of arrest excluding transit time, the police have to produce the person so arrested before the Magistrate and detention beyond that would be illegal without any order from the Magistrate. 

3. What is the recourse if police violate the D.K. Basu guidelines in an arrest? 

In violation of which you can challenge the arrest in court, get bail, file a writ of habeas corpus or get compensation for illegal detention or illegal custodial abuse.