Legal Rights of an Arrested Person in India: Complete Guide
By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Criminal Law
Arrest is one of the most disorienting experiences any person can face. Furthermore, the shock and fear of arrest leads many people to make statements, sign documents, or waive rights that permanently damage their legal position. However, every arrested person in India has a comprehensive set of constitutional and statutory rights from the moment of arrest through every stage of custody. Knowing these rights or having an advocate who knows them makes a decisive difference. Advocate Ganta Surya Kiran at 19 Law Chambers provides immediate assistance to arrested persons and their families across Visakhapatnam and Andhra Pradesh.
Rights Before Arrest — Prevention is Always Better
Before addressing rights after arrest note that prevention is always the better strategy. Specifically: if you anticipate arrest apply for anticipatory bail immediately. Furthermore, a valid anticipatory bail order means police must release you on bail immediately upon arrest without taking you to the lock-up at all. Read: Anticipatory Bail India. Moreover, if police serve a Section 41A notice asking you to appear for questioning contact an advocate before attending. Consequently, proper legal preparation before arrest avoids the trauma of custody entirely.
Rights at the Moment of Arrest — Article 22
The Constitution of India guarantees these rights from the very moment of arrest. Specifically:
Right to Know Grounds of Arrest: Police must immediately and clearly inform you in a language you understand the specific offence for which they are arresting you. Furthermore, a vague statement like “for investigation” is insufficient they must state the specific section and offence. Consequently, if police do not explain the grounds ask clearly: “Under which section and for which offence are you arresting me?”
Right to Consult an Advocate: You have the absolute right to consult a lawyer of your choice from the very moment of arrest. Moreover, police cannot refuse this right under any circumstances — regardless of the seriousness of the alleged offence. Consequently, your first action upon arrest should be to call your advocate or ask a family member to do so. Call 19 Law Chambers immediately: +91 99495 92127.
Right to Inform a Family Member: You have the right to have one person — a family member, relative, or friend informed of your arrest and the place of custody immediately. Furthermore, police must assist you in making this communication not obstruct it. Consequently, give the police officer the exact name and phone number of the person to be informed.
Rights During the Arrest Process — DK Basu Guidelines
The Supreme Court in D.K. Basu v. State of West Bengal (1997) issued mandatory guidelines for every arrest now statutory under Section 50A CrPC. Specifically, police must:
Prepare an arrest memo specifying time and place of arrest signed by a witness. Furthermore, the witness should ideally be a family member or a respectable person from the locality not a police officer. Moreover, conduct a medical examination of the arrested person at the time of arrest and every 48 hours during custody. Additionally, produce the arrested person before a Magistrate within 24 hours including travel time. Consequently, any violation of these mandatory procedures is actionable against the individual officer.
Identification Requirement: All arresting officers must wear accurate, clearly visible name tags throughout the arrest and custody process. Moreover, they must carry their official identity cards and show them if asked. Consequently, note the names and badge numbers of all officers involved this information is critical for any complaints against police misconduct.
Rights in the Police Lock-Up
After arrest and before Magistrate production you may be held in a police lock-up. Specifically, during this period, you retain these rights:
Right to Food and Water: Police must provide adequate food and water. Furthermore, denying food or water as a coercive measure is illegal. Right to Sleep: Sleep deprivation as an interrogation technique is specifically prohibited — and constitutes torture under international human rights standards. Right to Medical Treatment: If you are injured from any cause police must immediately arrange medical treatment. Moreover, refusing medical treatment to an injured arrested person is a serious criminal and human rights violation. Right Against Third-Degree Methods: Physical torture, electric shocks, and coercive interrogation methods are criminal offences against the interrogating officer regardless of the alleged crime.
Right to Silence: You have the absolute right to remain silent during police questioning. Specifically, Article 20(3) of the Constitution protects you from being compelled to be a witness against yourself. Moreover, confessions made to police officers are generally inadmissible as evidence only confessions made voluntarily before a Magistrate are admissible. Consequently, exercise your right to silence and wait for your advocate before responding to any police questioning.
Rights at Remand — Before the Magistrate
Police must produce you before a Magistrate within 24 hours of arrest failing which your detention becomes illegal. Specifically, at the remand hearing:
Challenge the Arrest: Your advocate can challenge the legality of the arrest arguing that police did not follow Section 41 CrPC checklist or DK Basu guidelines. Furthermore, the Magistrate must examine whether the grounds for arrest are satisfied. Consequently, a Magistrate who finds the arrest illegal must order immediate release.
Apply for Bail: Your advocate applies for bail before the Magistrate at the remand stage. Moreover, for bailable offences bail is a right and the Magistrate must grant it. For non-bailable offences the Magistrate considers bail based on the evidence and the nature of the offence. Read: Bail Application Process India.
Right to Judicial Custody Instead of Police Custody: If the Magistrate does not grant bail insist on judicial custody (jail) rather than police custody (returned to police lock-up). Furthermore, police custody allows police to continue interrogation which can be physically coercive. Judicial custody prevents further police interrogation without Magistrate permission.
What to Do if Your Rights Are Violated
Immediate Actions: Call your advocate immediately and describe every specific violation time, officer name, and exact nature of the violation. Furthermore, get medical examination done at a government hospital immediately after release documenting any physical injuries. Moreover, file a complaint simultaneously before: the Superintendent of Police, AP Human Rights Commission, and through Habeas Corpus before the High Court. Read: Police Harassment Complaint India.
Frequently Asked Questions
Q: Police are holding my brother for 3 days without producing him before a Magistrate. What should I do?
File a Habeas Corpus petition before the High Court of Andhra Pradesh immediately. Furthermore, this is the most urgent writ jurisdiction the High Court can produce your brother before the court within 24 hours of the petition being filed. Moreover, simultaneously file a complaint to the SP and DGP. Read: Writ Petition High Court AP.
Q: Can police arrest me for a civil dispute — unpaid loan or rent?
No — civil disputes do not support criminal arrest. Specifically, failure to repay a loan is not a criminal offence unless it involves cheating or breach of trust. Furthermore, a landlord cannot get you arrested for non-payment of rent. Consequently, if police attempt to arrest you for purely civil matters challenge the arrest immediately before the Magistrate with your advocate. Read: Police Arrest Rights India.
Q: I signed a confession under police pressure. Can I retract it?
Yes — confessions made to police are not admissible as evidence regardless. Specifically, only confessions made voluntarily before a Magistrate after the Magistrate satisfies themselves of voluntary consent are admissible. Furthermore, retract the forced statement at the earliest opportunity before the Magistrate. Free legal aid: NALSA — nalsa.gov.in | Free Legal Aid in AP.
Also read: How to File FIR India | FIR Quashing Petition High Court AP | Best Criminal Lawyers Vizag
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