Rights During Arrest
Constitutional and procedural protections that apply the moment a person is taken into police custody.
Your Rights
- ✓You must be informed of the grounds of your arrest in a language you understand.
- ✓You have the right to consult and be defended by a legal practitioner of your choice.
- ✓You must be produced before the nearest Magistrate within twenty-four hours of arrest, excluding travel time.
- ✓Police cannot detain you beyond twenty-four hours without an order from a Magistrate.
- ✓You have the right to inform a relative, friend, or nominee about the arrest and the place of custody.
- ✓The arresting officer must wear a clear, accurate identification and prepare a memorandum of arrest signed by a witness.
- ✓Women can be arrested only between sunrise and sunset, except in exceptional circumstances with prior permission of a Magistrate.
- ✓You cannot be compelled to be a witness against yourself (Article 20(3) of the Constitution).
Relevant Statutes
Constitution of India — Section Article 22
Protection against arbitrary arrest and detention.
Code of Criminal Procedure — Section 41B
Procedure of arrest, identification, and memorandum requirements.
Code of Criminal Procedure — Section 50
Right to be informed of grounds of arrest and right to bail in bailable offences.
Code of Criminal Procedure — Section 50A
Obligation of police to inform a friend or relative of the arrest.
Code of Criminal Procedure — Section 57
No detention beyond twenty-four hours without Magistrate's authorisation.
What to Do
- 1Stay calm. Politely ask the officer for the reason for arrest and request a copy of the FIR if applicable.
- 2Note the officer's name and badge number. Insist on a memorandum of arrest signed by a witness.
- 3Ask the officer to inform a specific family member or friend, and verify the entry in the police register.
- 4Request to call a lawyer. Do not sign blank papers, fingerprint sheets, or undated documents.
- 5If denied bail in a bailable offence, immediately move the Magistrate or Sessions Court.
- 6Document any injuries or mistreatment in writing and request a medical examination.
This is general legal information for educational purposes. Consult a qualified advocate for advice specific to your situation.