Know Your Rights During Arrest: What the Law Says in India
Every citizen should be aware of their legal rights in the event of an arrest. Important: the law governing criminal procedure in India has changed. Since July 1, 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure, 1973 (CrPC), subject to applicable transitional provisions. Therefore, references to old CrPC sections should not be used as the current law.
1. Right to know the grounds of arrest
Under Section 47 of the BNSS, a person arrested without a warrant must be informed of the full particulars of the offence or the grounds for the arrest. In cases where the person is arrested without a warrant for an offence other than a non-bailable offence, the police must also inform the person about the right to bail.
2. Police officer must be identifiable
Under Section 36 of the BNSS, a police officer making an arrest must have a clear and visible identification showing the officer’s name.
3. Arrest memo
The arresting officer must prepare a memorandum of arrest. It must be attested by at least one witness—either a family member of the arrested person or a respectable member of the locality—and countersigned by the arrested person.
4. Family member or friend must be informed
Under Section 48 of the BNSS, the police must promptly inform a relative, friend or another person nominated by the arrested person about the arrest and the place where the person is being held. The relevant information must also be recorded at the police station.
5. Right to meet a lawyer
Under Section 38 of the BNSS, an arrested person who is being interrogated by police has the right to meet an advocate of their choice during interrogation, although this does not mean the advocate must be present throughout the entire interrogation.
6. Medical examination after arrest
Section 53 of the BNSS provides that an arrested person should be examined by a government medical officer, or, where unavailable, a registered medical practitioner, soon after arrest. Any injuries or marks of violence are to be recorded, and a copy of the medical report is to be furnished to the arrested person or the person nominated by them.
7. Protection of health and safety
Under Section 56 of the BNSS, the person having custody of an accused has a duty to take reasonable care of the person’s health and safety.
8. Right to be produced before a Magistrate
A person arrested without a warrant must, without unnecessary delay, be taken or sent before the appropriate Magistrate or the officer in charge of a police station, subject to the provisions relating to bail.
9. 24-hour rule
Under Section 58 of the BNSS, a person arrested without a warrant cannot ordinarily be detained by police for more than 24 hours, excluding the time necessary for travelling to the Magistrate’s court, unless further detention is authorised according to law.
10. Special protection for women
Under Section 43(5) of the BNSS, except in exceptional circumstances, a woman should not be arrested between sunset and sunrise. In exceptional circumstances, a woman police officer must make a written report and obtain prior permission from a First Class Magistrate having jurisdiction.
11. No unnecessary restraint
The law also provides that an arrested person should not be subjected to more restraint than is necessary to prevent escape.rds
Apart from the BNSS, the Constitution of India provides important safeguards to arrested persons. Article 22(1) provides that a person who is arrested must be informed of the grounds of arrest and cannot be denied the right to consult and be defended by a legal practitioner of their choice. Article 22(2) requires an arrested person to be produced before the nearest Magistrate within 24 hours, subject to the constitutional exceptions concerning preventive detention.
Article 20(3) also protects an accused person against being compelled to be a witness against themselves.
Important correction to the commonly circulated information
Some social-media posts still quote CrPC Sections 41B, 41D, 50, 50A, 54, 55A and 57. Those were provisions under the old CrPC. For arrests under the current criminal-procedure law, the corresponding provisions should be checked under the BNSS, 2023, which came into force on July 1, 2024.
