Your Rights When Arrested: A Complete Guide
Being arrested can be a frightening experience, but knowing your legal rights can make a significant difference in how your case proceeds.
Fundamental Rights During Arrest
1. Right to Know the Grounds of Arrest (Article 22) The police must inform you of the reason for your arrest at the time of detention.
2. Right to Legal Counsel You have the right to consult and be defended by a lawyer of your choice. If you cannot afford one, the state must provide free legal aid.
3. Right Against Self-Incrimination (Article 20) No person accused of an offence can be compelled to be a witness against themselves.
4. Right to be Produced Before a Magistrate You must be produced before the nearest magistrate within 24 hours of arrest (excluding travel time).
5. Right to Bail For bailable offences, bail is a matter of right. For non-bailable offences, bail is at the court's discretion.
What to Do If Arrested
- Stay calm and do not resist arrest
- Ask for the arrest warrant or reason for arrest
- Do not make any statements without your lawyer present
- Contact your family or lawyer immediately
- Remember badge numbers and names of arresting officers
Important Supreme Court Guidelines
The D.K. Basu guidelines mandate that:
- Police must wear accurate name tags
- A memo of arrest must be prepared
- The arrestee must be medically examined every 48 hours
If you or a loved one has been arrested, contact our criminal defense team immediately for urgent legal assistance.