Arrested in India? Know Your Legal Rights Before You Speak or Sign Anything
An arrest is one of the most frightening and disorienting experiences a person can face. In that moment of shock and fear, most people do not know their rights — and the police do not always volunteer that information. What you say, sign, or agree to in the first hours after arrest can significantly affect the outcome of your case.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — India's new criminal procedure code in force since 1 July 2024 — your rights on arrest are clearly defined. This guide explains them in plain language.
What Is an Arrest?
An arrest occurs when a police officer takes a person into custody under the authority of law — either pursuant to an arrest warrant issued by a court or without a warrant (in the case of cognisable offences). Being "detained for questioning" or being "taken to the police station" informally are not technically arrests, but once you are prevented from leaving, the practical reality is similar.
The police have the power to arrest without a warrant for cognisable offences — which include serious offences like theft, assault, robbery, kidnapping, and most crimes under the BNS.
For non-cognisable offences, the police require a Magistrate's warrant before arresting.
Your Rights at the Time of Arrest
1. Right to Know the Grounds of Arrest
Under Section 47 of the BNSS (read with Article 22 of the Constitution of India), you have the right to be informed immediately of the grounds of your arrest. The arresting officer must:
- Tell you what offence you are being arrested for.
- Record the grounds of arrest in the arrest memo.
- Give you a copy of the arrest memo.
Do not allow the police to take you without being told why. If they refuse to tell you, note this fact — it is relevant to any bail or writ application later.
2. Right to Inform a Family Member or Friend
Section 48 BNSS — The arrested person has the right to have one person of their choice informed of their arrest and the place where they are being held. The police must comply with this request promptly.
Notify a trusted person — family member, close friend, or lawyer — as soon as possible.
3. Right to Legal Representation
Article 22(1) of the Constitution and Section 303 of the BNSS guarantee every arrested person the right to consult and be defended by a lawyer of their choice from the moment of arrest. This right cannot be taken away or delayed.
The most important thing you can do after arrest: call your lawyer before saying anything to the police.
If you cannot afford a lawyer, you have the right to a free legal aid lawyer under the Legal Services Authorities Act. The police are required to inform you of this right.
4. Right to Be Produced Before a Magistrate Within 24 Hours
Article 22(2) of the Constitution and Section 57 BNSS — You must be produced before the nearest Magistrate within 24 hours of arrest (excluding travel time). The police cannot keep you in custody beyond 24 hours without a Magistrate's order for remand.
This 24-hour rule is a fundamental constitutional right. If the police exceed this limit, your detention becomes unlawful, and you (or your lawyer) can file a Habeas Corpus petition before the High Court.
5. Right to a Medical Examination
Section 54 BNSS — An arrested person has the right to be examined by a medical officer at the time of arrest. This examination is important because:
- It documents your physical condition at the time of arrest.
- It creates a contemporaneous record if you later allege that you were assaulted or tortured in custody.
- It protects the police against false allegations if the examination shows no injuries.
Insist on this examination. Note the doctor's name and registration number.
6. Right to Be Informed of Bail
If you are arrested for a bailable offence, the police officer arresting you is required to inform you that you are entitled to bail. Bail is a matter of right for bailable offences — the police cannot refuse it.
For non-bailable offences, bail is at the court's discretion. You can apply for bail before the Magistrate or Sessions Court immediately.
What Is the Arrest Memo?
The arrest memo is a written document that the arresting officer must prepare at the time of arrest. It must state:
- The name and address of the arrested person
- The offence for which they are being arrested
- The date and time of arrest
- The place of arrest
- The name of the arresting officer
- The name of the family member / friend informed
You are entitled to a copy of the arrest memo. The memo must be signed by a witness — if possible, a family member should be present to witness it.
Police Interrogation: What You Should Know
You have the right to remain silent. Under the Indian Constitution (Article 20(3)) and the BNSS, no person accused of an offence can be compelled to be a witness against themselves.
This means:
- You cannot be forced to answer police questions.
- You cannot be forced to confess.
- A confession made to a police officer is not admissible as evidence under the BSA (Bharatiya Sakshya Adhiniyam) — confessions are only admissible if made voluntarily before a Magistrate.
- You have the right to have your lawyer present during any interrogation.
Practical advice: Do not speak to the police without your lawyer present. Anything you say can be recorded and used against you. You may say that you will speak after consulting your lawyer — this is your legal right and not an admission of guilt.
What Not to Do After Arrest
1. Do not sign any document without reading it carefully, and ideally without your lawyer reviewing it. Some documents presented to you may be confessions or statements that could be used against you.
2. Do not make any verbal statements about the alleged offence without your lawyer present.
3. Do not argue aggressively or physically resist — even if the arrest is unlawful, the legal remedy is through the courts, not through physical resistance, which can result in additional charges.
4. Do not consent to searches of your phone or personal belongings without understanding your rights. You may be asked to unlock your phone — consult your lawyer before doing so.
5. Do not attempt to bribe or offer money to the police — this is an offence.
6. Do not make social media posts about your case while you are in custody or on bail — they can be used against you.
Remand: What Happens at the Magistrate Hearing
When you are produced before the Magistrate within 24 hours, the police may apply for police remand — requesting that the Magistrate allow them to keep you in police custody for further interrogation, typically for a period of up to 15 days in serious cases.
Your lawyer should oppose excessive remand by arguing that:
- The police have not shown legitimate grounds for further custody.
- The investigation can continue without physical custody.
- You are not a flight risk and are cooperating.
If the Magistrate grants remand, you can be kept in police custody for the permitted period. After that, you are transferred to judicial custody (jail) pending trial.
Under Section 187 BNSS, the total period of police remand cannot exceed:
- 15 days at a time (can be extended in serious cases up to a maximum of 60 or 90 days, depending on the offence)
Bail After Arrest
Bail applications can be filed at multiple stages:
- At the police station — for bailable offences
- Before the Magistrate — at the time of production within 24 hours (or any subsequent date)
- Before the Sessions Court — for non-bailable offences, or after the Magistrate rejects bail
- Before the High Court — after Sessions Court rejection, or directly in serious cases
Your lawyer should file a bail application as quickly as possible. The grounds for bail include:
- No criminal antecedents
- Cooperation with the investigation
- No flight risk — family ties, established address, employment
- Medical grounds
- The accused poses no danger to witnesses or society
- The offence is not of the gravest nature
Anticipatory bail — obtained before arrest — is also available under Section 482 BNSS if you have reason to believe you may be arrested.
Custody and Your Rights in the Police Station
While in custody:
- You have the right to food and water.
- You have the right to medical treatment if you are unwell.
- Women must be held in separate women's lock-ups.
- Women cannot be arrested after sunset and before sunrise except in exceptional circumstances, with the permission of the Magistrate.
- You have the right to inform your family of where you are being held.
- Torture, third-degree treatment, or any physical coercion is illegal. Document any abuse immediately upon your release — file a complaint before the Magistrate or approach the Human Rights Commission.
What the Police Cannot Do
- They cannot keep you in custody for more than 24 hours without a Magistrate's order.
- They cannot refuse to give you access to your lawyer.
- They cannot assault or torture you.
- They cannot arrest you without grounds in the case of cognisable offences (i.e., mere suspicion without reasonable grounds is not sufficient).
- They cannot enter and search your premises without a search warrant, except in limited circumstances.
Role of a Criminal Lawyer
A criminal lawyer's role after arrest is:
- Immediate contact — being available for urgent calls and being present quickly.
- Reviewing the arrest — whether the arrest is lawful, whether proper procedure was followed.
- Filing bail application — as quickly as possible before the appropriate court.
- Appearing on remand dates — opposing excessive remand.
- Advising on statements — whether to cooperate, what to say, and what not to say.
- Following the investigation — ensuring the police follow procedure and do not exceed their authority.
- Preparing for trial — gathering defence evidence, identifying witnesses, challenging the prosecution's case.
How Tricity Law Firm Can Help
Adv. Kamal Grover is available for urgent criminal matters in Chandigarh, Mohali, and Panchkula. With over 22 years of criminal law practice before the Punjab & Haryana High Court and Chandigarh District Courts, we understand that the first 24 to 48 hours after arrest are critical.
We provide:
- Emergency consultations for arrested persons and their families
- Same-day bail application filing in urgent situations
- Remand hearing appearances
- Guidance to families on what to expect and what to do
- Full criminal trial representation
If you or a family member has been arrested, call +91-9814110005 immediately. Do not wait.
Frequently Asked Questions
Q: Can the police arrest me just for questioning? Technically, the police cannot formally arrest you merely to question you about an offence — they must have grounds. However, they can ask you to come to the police station voluntarily. If you are asked to come to the station, it is advisable to bring your lawyer. Once you are physically prevented from leaving, you are effectively under arrest.
Q: What if my rights are violated at the time of arrest? Document everything. Upon release, file a complaint before the Judicial Magistrate, the National Human Rights Commission (NHRC), or the State Human Rights Commission. Your lawyer can also file a writ petition before the High Court. Courts take violations of constitutional rights at the time of arrest seriously.
Q: My family member was arrested and taken to a police station. What should we do? Contact a criminal lawyer immediately. The lawyer can find out which police station the person is being held at, ascertain the offence, visit the police station, and file a bail application before the court. Do not send money to the police — it can amount to bribery.
Disclaimer: This article is for general information only and does not constitute legal advice. Every criminal case is unique. If you or a family member is arrested, contact a criminal lawyer immediately.