Right to Know the Grounds of Arrest
The police must inform you immediately and clearly about the reason for your arrest. This is a fundamental constitutional right under Article 22(1). You cannot be arrested without being told why.
Legal Basis: Article 22(1) of the Constitution, Section 50 BNSS
Right to Remain Silent
You have the right to remain silent and not answer any questions that may incriminate you. You cannot be compelled to be a witness against yourself. This protection against self-incrimination is absolute.
Legal Basis: Article 20(3) of the Constitution
Right to Legal Representation
You have the right to consult and be defended by a lawyer of your choice from the moment of arrest. If you cannot afford a lawyer, the State must provide free legal aid. No interrogation should occur without your lawyer present if you request one.
Legal Basis: Article 22(1) of the Constitution, Section 41D BNSS
Right to Inform Family/Friend
The police must allow you to inform a family member or friend about your arrest and the place where you are being detained. This must be done as soon as practicable after arrest.
Legal Basis: Section 50A BNSS, D.K. Basu Guidelines
Right to Medical Examination
You have the right to be medically examined at the time of arrest and every 48 hours during detention. This protects you from custodial torture and creates a record of your physical condition.
Legal Basis: Section 54 BNSS, D.K. Basu Guidelines
Right to be Produced Before Magistrate
You must be produced before a Magistrate within 24 hours of arrest (excluding travel time). The police cannot keep you in custody beyond this period without judicial authorization.
Legal Basis: Article 22(2) of the Constitution, Section 57 BNSS
Right Against Handcuffing
Handcuffing should not be routine. You can only be handcuffed in exceptional circumstances where there is a reasonable apprehension of escape or violence. The decision must be recorded in writing.
Legal Basis: Prem Shankar Shukla v. Delhi Administration (1980)
Right to Bail
For bailable offences, you have an absolute right to bail. For non-bailable offences, you can apply for bail to the court. The presumption is in favor of liberty, and bail should not be denied as punishment.
Legal Basis: Sections 436-439 BNSS
Important Tips
- Stay calm and do not resist arrest physically
- Ask for the arrest memo and ensure it is signed
- Note the names and badge numbers of arresting officers
- Do not sign any blank papers or documents you haven't read
- Request immediate access to a lawyer
- Inform your family as soon as possible
- Do not make any statements without your lawyer present
Legal Provisions
Constitutional Provisions
- Article 20 - Protection against arbitrary conviction
- Article 21 - Right to life and personal liberty
- Article 22 - Protection against arbitrary arrest
BNSS Provisions
- Section 35 - Procedure for arrest
- Section 50 - Right to be informed of grounds
- Section 50A - Obligation to inform family
- Section 57 - Production before Magistrate
Landmark Cases
- D.K. Basu v. State of West Bengal (1997)
- Joginder Kumar v. State of UP (1994)
- Arnesh Kumar v. State of Bihar (2014)
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