Your Rights When Arrested In India: A Comprehensive Legal Guide

Arrested rights India, Bail procedures India, D.K. Basu case law, Indian Constitution arrest laws., Legal rights when arrested, Police custody rights, Protection against unlawful arrest

Being arrested can be a daunting experience, and it’s crucial for every individual to know their rights during such an event. In India, the rights of a person who is arrested are protected under various constitutional provisions and legal frameworks. These rights ensure that arrested individuals are not mistreated or subjected to unlawful practices.

Understanding Arrest in India

In India, an arrest refers to the action of the police (or) a legal authority to take a person into custody, typically for a suspected crime. This can happen in two main ways:

Cognizable Offences: Where the police have the authority to arrest without a warrant (e.g., murder, rape).
Non-Cognizable Offences: Where the police require a warrant to arrest the person (e.g., defamation, minor assault).

Key Rights Of An Arrested Person

When arrested, the person will be taken to the Police Station and produced before the Magistrate who will remand the arrested person in either Judicial custody (or) Police custody and with that starts the official legal battle wherein with the help of the legal practitioners the arrested person may apply for a bail (or) seek innocence.

Right to Information:
Article 22(1) of the Indian Constitution confers that an individual has the right to know the grounds for their arrest. Police must inform the arrested person of the reason for the arrest and the charges against them at the time of arrest. The family (or) the friends must be informed of the arrest and the place in which the arrested person may be detained.
Right to Be Presented Before a Magistrate:
After being arrested, the individual must be presented before a Magistrate within 24 hours as mandated by Section 57 of the CrPC. Failing which the arrest is considered unlawful.
Right to Consult a Lawyer:
According to Article 22(1), an arrested person has the right to consult a legal practitioner (or) a lawyer of their choice. This ensures that they can have legal counsel to guide them through the legal process.
Right to Bail (for Non-Cognizable Offenses):
In cases of non-cognizable offences, an arrested person generally has the right to be released on bail. Bail is a right in most cases and provided with a surety of 2 people. Other serious offences like like murder (or) rape, a bail on application may (or) may not
be granted.
Right to Be Free from Torture and Inhumane Treatment:
Article 21 protects the arrested from any torture and inhumane treatment during arrest (or) while in police custody. India is a signatory to international treaties prohibiting torture and cruel, inhuman, or degrading treatment.
Right to Just and Fair Trial:
Article 14 ensures that every person is equal before law, i.e., everyone in dispute will have equal opportunity and treatment. BNSS ensures that the trial must be done in an open court except under exceptional cases wherein the trial may be conducted in private as an in camera proceeding.
Right to Remain Silent: ¹The court cannot conclude that a person is guilty merely because the arrested did not respond to questions asked by the court, basically the individual cannot be forced to respond to questions that may be used against them this is conferred in Article 20(3) “Right against self-incrimination” which protects an accused to be compelled to be a witness against himself.

Police Custody Rights

When a person is arrested, they can be taken into police custody for further investigation. However, there are specific rights that must be respected during police custody:

Right to Be Informed About the Charges:
While in police custody, an arrested individual has the right to know the nature and details of the charges they are being investigated for.
Right Against Forced Confessions:
Under Section 24 of the Indian Evidence Act (IEA), any confession made by the accused under duress or undue pressure cannot be used as evidence in court. This ensures that no person is forced into making a false confession during police custody.
Right to Medical Examination:
An arrested person has the right to a medical examination to ensure that they have not been subjected to physical abuse (or) torture during arrest (or) police custody. The police must also provide medical assistance if the arrested person requires it.
Right to Be Released on Bail:
If the offense committed is bailable, then the arrested person must be released on bail within a reasonable time, as per Section 436 of the CrPC (or) Section 47(2) of BNSS. In case the police fail to submit the charge sheet within 90 days of the arrest of the person, the arrested person gets the immunity of the mandatory bail provision.
Compensation for infringement of all these provisions:
Article 9(5) of the International Convention on Civil and Political Rights, 1966 provides for enforceable right to compensation for victims of unlawful arrest (or) detention, though the Constitution of India does not provide an explicit provision but the Supreme Court has evolved this right to recommend in genuine cases.
Right to be produced before the Magistrate without unnecessary delay:
Section 57, 58, and 78 of BNSS provides additional safeguards on the well being of the arrested person by producing them before a Magistrate without any delay, i.e., within 24 hours of the arrest excluding the hours of travel when arrested from a different location. It states that the arrested person should only be confined in a police station and not anywhere else.
Right to free legal aid:
The arrested person when is not represented by a legal practitioner (or) does not have any means to appoint a legal practitioner themself, they must be informed of their right to free legal aid i.e., where the court appoints a pleader for their defence at the expense of the State. Non-compliance of this requirement and failure to inform this right to the accused vitiates the trial.
Women when arrested: The arrested women cannot be kept in the police station where there are no women police officers. The arrest must happen through a woman officer (or) in her presence between 6 am to 6 pm only, beyond which a woman cannot be arrested and detained in the lockup of the station. There are specific provisions on how a woman accused and arrested must be handled when they have a minor child.

Judicial Developments In Shaping The Rights Upon Arrest:

Regardless of the type of offence, certain fundamental rights and legal provisions must be followed. The larger interpretation of the Indian Constitution has provided the judicial activism for emphasizing and providing guidelines across whereas cases that have ultimately improved the condition of the arrested person, these guidelines often become the defense that one can take to defend their arrest (or) declare it illegal (or) unlawful.

Fundamental Rights Upon Arrest: Constitutional Provisions

Arrest itself is a deprivation of freedom, sitting in a police station for an enquiry could give chills to any individual. There can be absolute restrictions on mobility, communication, usage of electronic devices, which could be reasonable based on the circumstances and degree of crime, but basic curtailments to individual’s life and liberty is what the law tries to protect through the Constitutional provisions that provides essential Fundamental Rights that must be adhered to when a person is arrested. Our system is based on the fabric that thousand culprits can escape but not a single innocent should be harmed, with that in the foundation, there are specific Articles outlined like Article 21, Article 22, and Article 39A.

Article 21: Right to Life and Personal Liberty

“Innocent until proven guilty” the legal system of India depends on this statement ensuring no wrong is done to an innocent person

Right to Life and Personal Liberty ensures that no person can be deprived of their life (or) personal liberty except in accordance with the law. This means that unlawful detention (or) torture is prohibited, and arrested individuals have the right to be treated with dignity.
Article 21 also means that no person can be denied equality before law, ensures equal protection, and equal opportunity to be heard.
It also ensures just and fair trial without any arbitrary procedures, which confers that the arrest should not only be legal but also justified.
This Article is comprehensive in terms of having not only a just and fair trial but also ensures the right of a speedy trial.

Article 22: Protection Against Arrest and Detention in Certain Cases

Article 22 guarantees the right to be informed of the reasons for arrest and the right to consult a legal practitioner of one’s choice.
It also grants protection from being re-arrested under certain conditions and ensures that no person is detained beyond 24 hours without being presented before a Magistrate.

Article 39A: Right to Legal Aid and Equal Access to Justice

Article 39A guarantees the right to opportunity before law, protection from any inequality in treatment in the procedures of law, and a right to access legal aid.

Case Laws Leading To The Creation Of Arrest Guidelines

With the enlargement of understanding the provisions of the constitutions, the legal practitioners have often been instrumental in bringing to light the plight of the arrested person in India and taken measures to improve the overall experience of the arrest ordeal. Several landmark case laws in India have shaped the legal framework for protecting the rights of arrested individuals. Here are some of the most prominent cases

D.K. Basu v. State of West Bengal (1997)

The D.K. Basu case is one of the most significant cases in India related to arrest procedures and the protection of the rights of arrested persons. The Supreme Court issued comprehensive guidelines for the police to follow when making arrests, ensuring the protection of individual rights.

Key guidelines from this case include:

The arresting officer must have a clear and visible badge containing his name and designation.
The arrested person must be informed of the reasons for their arrest.
The arrested person’s friend (or) family must be informed of the date, time and place of the arrest
The police must keep a memo of the arrest in the presence of at least two witnesses.
The person must be examined by a doctor as soon as they are arrested.
The arrested person must be informed of their right to bail and their right to consult a lawyer.
The arrested person must be produced before the Magistrate without delay

Hussainara Khatoon v. Home Secretary, State of Bihar

This case was instrumental in improving the plight of the undertrial prisoners, It was held that the state should not avoid its constitutional obligation of providing a speedy trial to the accused, it was also mandated that the investigative trial must be conducted “as expeditiously as possible”.

Ashim v. National Investigative Agency

In this case not conducting a speedy trial was seen as a direct deprivation of the personal liberty thus, it is inconsistent with the constitutional provisions of Article 21.

Joginder Kumar v. State of U.P. (1994)
The Supreme Court ruled that an arrest cannot be made simply to harass (or) cause inconvenience to someone. The police must have reasonable grounds for the arrest, and it must be necessary for the investigation (or) to prevent further harm to the victim (or) that the arrest is absolutely necessary.

Nilabati Behera v. State of Orissa (1993)
This case reaffirmed the right against torture during police custody. The Court emphasized that the right to be free from torture is an inalienable fundamental right, and the state is responsible for ensuring that detained persons are treated with dignity without any violence either physically (or) verbally.
Nandhini Sathpathy v. P.L. Dani
This case confirmed that no one can be forced by the police to extract information during the course of interrogation, and that they can remain silent. This case also held that the Narco-analysis, Brain mapping and the Lie detector test are in violation of Article 20(3) and that there must be a prior consent sought.

Mohammad Abass Magray v. Union Territory of J&K

In this recent judgmennt of 2025, it was held that an accused granted Bail in FIR cannot ge re-arrested for different offence in same case after unreasonable delay

Visit the complete New about Mohammad Abass Magray v. Union Territory of J&K

Satish Chandra Rai v. J Nandhan Singh

Held that the failure of the police officer to inform the grounds of arrest can be taken as a defence to render the arrest unlawful.

Conclusion: Protecting Your Rights When Arrested in India

Understanding the rights of the arrested in India is essential for protecting our fundamental freedoms during an arrest. From the right to be informed of the charges, to the right to legal representation and medical examination, the law provides essential safeguards. Thanks to landmark case laws like D.K. Basu, Joginder Kumar, and Nilabati Behera, the rights of arrested persons have been significantly strengthened, ensuring that individuals are not subjected to unlawful treatment. The next big question would be on deciding when to seek the legal practitioner (or) the lawyer’s assistance. If someone you know is arrested (or) if you anticipate an arrest, it’s important to seek immediate help from the lawyers to ensure that your rights are protected. A criminal lawyer (or) any local criminal law expert can help navigate the legal provisions related to police custody rights, bail procedures, and the justice process. It is vital to connect with the lawyers (or) legal practitioners at the earliest to protect yourself and to have a clearer understanding of the lengthy legal procedures that are likely to follow. Remember, the fundamental rights upon arrest are there to ensure that no individual is unlawfully detained (or) subjected to torture. If you face an unjust arrest, don’t hesitate to challenge it legally and seek justice.