What Precautions Should You Take in Case of Arrest by the Police?
Here are some precautions you should take in case of arrest by the police:
- Remain calm and cooperative. This will help to keep the situation under control and reduce the risk of injury.
- Ask if you are under arrest. If the officer says yes, ask why you are being arrested.
- Do not resist arrest. This is a crime, and it could lead to you being injured or killed.
- Do not speak to the police without an attorney present. Anything you say can be used against you in court.
- Assert your right to an attorney. The police must provide you with an attorney if you cannot afford one.
- If you are injured, ask for medical attention. The police are required to provide you with medical care if you need it.
- Inform a friend or family member of your arrest. They can help to ensure that your rights are protected.
Here are some additional tips:
- Do not argue with the police. This will only make things worse.
- Keep your hands visible and your body relaxed. This will show the police that you are not a threat.
- If you are searched, do not consent. The police can search you without your consent if they have probable cause to believe that you have committed a crime. However, you do not have to consent to a search. If you do not consent, the police will need to obtain a warrant from a judge before they can search you.
- If you are placed in handcuffs, ask for them to be loosened or removed if they are causing you pain. The police are required to make sure that you are comfortable and safe.
- If you are being questioned, do not answer any questions without an attorney present. Anything you say can be used against you in court.
- If you are being held in custody, ask to be brought before a judge as soon as possible. You have the right to a speedy trial.
It is important to remember that you have rights, even if you have been arrested. By following these precautions, you can help to protect your rights and ensure that you are treated fairly.
In addition to the general precautions listed above, here are some specific precautions you should take in case of arrest by the police in India:
- Ask the police officer to identify himself/herself and show you their warrant. If the police officer does not have a warrant, they can only arrest you for a cognizable offense. A cognizable offense is a serious crime, such as murder, rape, or theft.
- If the police officer does not have a warrant and they are arresting you for a non-cognizable offense, you have the right to refuse to go with them. However, it is important to be polite and respectful when doing so.
- If you are arrested, you have the right to be informed of the charges against you and to be brought before a magistrate within 24 hours. You also have the right to speak to a lawyer and to make a phone call to a friend or family member.
- If you are being held in custody, do not sign any documents without first reading them carefully and understanding what you are signing. You also have the right to have a lawyer present when you are signing any documents.
- If you are being mistreated by the police, you should complain to the police superintendent or to a magistrate.
Here are some additional tips:
- If you are a woman, you have the right to be arrested by a female police officer. If there is no female police officer available, you have the right to demand that the male police officer be accompanied by a female witness.
- If you are a minor, you have the right to be informed of your parents or guardians of your arrest. The police must also allow you to meet with your parents or guardians before they question you.
- If you are disabled, you have the right to be provided with reasonable accommodations while you are in custody. This may include providing you with a sign language interpreter or with a wheelchair.
It is important to remember that you have rights, even if you have been arrested. By following these precautions, you can help to protect your rights and ensure that you are treated fairly.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
