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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

  1. 1Stay calm. Politely ask the officer for the reason for arrest and request a copy of the FIR if applicable.
  2. 2Note the officer's name and badge number. Insist on a memorandum of arrest signed by a witness.
  3. 3Ask the officer to inform a specific family member or friend, and verify the entry in the police register.
  4. 4Request to call a lawyer. Do not sign blank papers, fingerprint sheets, or undated documents.
  5. 5If denied bail in a bailable offence, immediately move the Magistrate or Sessions Court.
  6. 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.