What Are Your Rights During an Arrest in India?

During an arrest in India, every person has the constitutional and legal right to be informed of the grounds of arrest, to consult a lawyer of their choice, to be produced before a Magistrate within 24 hours, and to be treated with dignity and fairness as guaranteed under Articles 20, 21, and 22 of the Constitution of India.
This direct answer clearly defines the core rights available to a person at the time of arrest and forms the foundation of criminal procedure in India.

Arrest is one of the most coercive actions that the State can take against an individual, as it directly restricts personal liberty. Recognizing this, Indian law has built strong safeguards to prevent arbitrary, illegal, or abusive arrests. These safeguards are rooted in constitutional guarantees, statutory provisions under the Criminal Procedure Code, 1973 (CrPC) and the Bharatiya Nagarik Suraksha Sanhita (BNSS), and extensive judicial interpretation by constitutional courts.

This article provides a detailed, in-depth, structured, and comprehensive explanation of your rights during an arrest in India, covering constitutional protections, procedural safeguards, police duties, and remedies available in case of violation.

Meaning of Arrest Under Indian Law

An arrest is the act of taking a person into custody by lawful authority to answer for a criminal charge or to prevent the commission of an offence. Arrest does not require formal words or handcuffs; any restraint on a person’s freedom of movement by police authority amounts to arrest.

Arrest may be made:

With warrant
Without warrant (in cognizable offences)
By police or other authorized persons

Irrespective of the mode of arrest, the rights of the arrested person remain the same.

Constitutional Foundation of Rights During Arrest

Article 21 – Right to Life and Personal Liberty

Article 21 mandates that no person shall be deprived of life or personal liberty except according to procedure established by law. The Supreme Court has interpreted this to mean that the procedure must be fair, just, and reasonable.

Any arrest that is:

Arbitrary
Illegal
Disproportionate
Oppressive

is a violation of Article 21 and can be challenged before constitutional courts.

Article 22 – Rights of Arrested Persons

Article 22 specifically deals with safeguards against arrest and detention. It provides:

The right to be informed of the grounds of arrest
The right to consult and be defended by a legal practitioner
The right to be produced before a Magistrate within 24 hours

These rights are mandatory and non-negotiable.

Article 20 – Protection in Criminal Matters

Article 20 provides additional protections:

Protection against self-incrimination
Protection against double jeopardy
Protection against retrospective criminal liability

These rights become immediately relevant once a person is arrested.

Right to Know the Grounds of Arrest

Every person arrested has the right to be informed, as soon as possible, of the full grounds of arrest.

This right ensures that:

The arrested person understands why liberty is being curtailed
The person can challenge the legality of arrest
The person can apply for bail or legal remedies

In cases of arrest under a warrant, the warrant must be shown on demand. Failure to disclose grounds of arrest makes the arrest illegal.

Right to Legal Representation

An arrested person has the right to consult and be defended by a lawyer of their choice from the moment of arrest.

This right includes:

Consultation during interrogation (though not necessarily continuous presence)
Assistance during remand proceedings
Representation during bail hearings

If the arrested person cannot afford a lawyer, the State is duty-bound to provide free legal aid through legal services authorities.

Right to Remain Silent and Protection Against Self-Incrimination

No arrested person can be compelled to confess or make statements incriminating themselves.

Police cannot:

Use physical force
Use threats or inducement
Extract confessions through pressure

Any confession made to police is inadmissible in evidence, except to the limited extent permitted by law. Silence cannot be treated as evidence of guilt.

Right to Be Produced Before a Magistrate Within 24 Hours

An arrested person must be produced before the nearest Magistrate within 24 hours of arrest, excluding travel time.

This safeguard ensures:

Judicial oversight over police custody
Prevention of illegal detention
Protection against custodial abuse

Detention beyond 24 hours without Magistrate’s authorization is illegal and unconstitutional.

Right Against Illegal Detention and Arbitrary Arrest

Police cannot arrest a person merely because:

An FIR has been registered
Allegations are serious
Pressure exists from complainants

Arrest must be justified by necessity, such as:

Preventing further offence
Ensuring presence during investigation
Preventing tampering with evidence

Mechanical or routine arrests are strongly discouraged by courts.

Right to Arrest Memo and Identification of Arresting Officers

At the time of arrest:

An arrest memo must be prepared
It must mention date, time, and place of arrest
It must be attested by a witness
Arresting officers must bear clear identification

The arrested person has the right to receive a copy of the arrest memo.

Right to Inform a Friend or Relative

Every arrested person has the right to inform a friend, relative, or well-wisher about their arrest and place of detention.

Police are duty-bound to:

Inform the nominated person
Record the fact of intimation
Communicate location of custody

This right prevents secret detention and abuse of power.

Right to Medical Examination

An arrested person has the right to:

Medical examination at the time of arrest
Periodic medical examination during custody

This right:

Protects against custodial violence
Creates medical evidence of injuries
Ensures health and safety of the detainee

Rights of Women During Arrest

Special protections exist for women:

Arrest should ordinarily not be made at night
Female police officers should be involved
Decency and dignity must be maintained
Pregnant women and mothers require special consideration

Violation of these safeguards is taken seriously by courts.

Rights of Juveniles and Vulnerable Persons

Children, senior citizens, and persons with disabilities are entitled to additional safeguards:

Juveniles cannot be arrested like adults
Age verification is mandatory
Custodial protection and welfare considerations apply

Right to Bail at the Time of Arrest

In bailable offences, bail is a right and must be granted at the police station itself.

In non-bailable offences:

Bail must be considered by the Magistrate
Detention is not automatic
Liberty is the rule, custody the exception

The arrested person must be informed of their right to bail.

Right to Fair Treatment and Dignity

An arrested person has the right to:

Humane treatment
Protection from torture
Freedom from handcuffing unless justified
Respect for dignity and privacy

Custodial violence is a serious offence and violates fundamental rights.

Remedies if Rights During Arrest Are Violated

If rights are violated, the arrested person may:

Seek bail or immediate release
Approach High Court or Supreme Court
File writ petitions
Seek compensation for illegal detention
Initiate departmental or criminal action against erring officers

Courts have awarded compensation in cases of illegal arrest and custodial abuse.

Practical Guidance for Individuals Facing Arrest

Remain calm and cooperative
Ask for grounds of arrest
Demand legal representation
Do not sign documents without understanding
Inform family or lawyer immediately
Assert rights respectfully

Awareness of rights is the strongest protection against misuse of power.

Conclusion

The rights available during an arrest are not mere procedural formalities but are substantive guarantees designed to protect individual liberty, dignity, and fairness in the criminal justice system. Rooted in Articles 20, 21, and 22 of the Constitution and reinforced by statutory law and judicial interpretation, these rights ensure that arrest does not become a tool of oppression. Understanding and asserting these rights empowers individuals to navigate the legal process lawfully and safeguards the balance between the authority of the State and the fundamental freedoms of its citizens.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304