BANTHRY PREP · GUIDES
Arrested? Your rights on one page
Banthry Prep. General information, not legal advice. Section numbers are from the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS),
in force from 1 July 2024, and Article 22 of the Constitution. Many of these duties began as the Supreme Court's guidelines in
D.K. Basu v. State of West Bengal (decided 18 December 1996).
At the moment of arrest: stay calm and do not resist. Argue your case through a lawyer and before the Magistrate, not on the spot.
Your rights
| Right | What the law says | Where |
|---|---|---|
| Know why | You must be told the grounds of arrest as soon as may be. If arrested without a warrant, the officer must forthwith tell you the full particulars of the offence or other grounds | Art 22(1); BNSS s.47(1) |
| Bail information | If arrested without a warrant for a bailable offence, you must be told you are entitled to bail and may arrange sureties | s.47(2) |
| Family is told | Police must forthwith inform a relative, friend or person you name about the arrest and where you are held. The police station records who was told; the Magistrate checks it | s.48(1)-(4) |
| Arrest memo | The officer must wear clear name identification and prepare an arrest memo, attested by a family member or a respectable local person, and countersigned by you. Read it before you sign | s.36 |
| Lawyer | Right to consult and be defended by a lawyer of your choice; right to meet an advocate of your choice during interrogation, though not throughout | Art 22(1); s.38 |
| 24 hours | Without a special order of a Magistrate, police custody cannot exceed 24 hours, not counting the journey to the Magistrate's court. You must be produced before a Magistrate | Art 22(2); s.58 |
| Medical examination | Every arrested person is to be medically examined soon after arrest; a copy of the report goes to you or a person you nominate. A woman is examined only by or under a female medical officer | s.53 |
| Women | Save in exceptional circumstances, no woman is arrested after sunset and before sunrise; then a woman police officer needs prior permission of the Magistrate of the first class, on a written report | s.43(5) |
| Notice instead of arrest | For many offences punishable up to seven years, where arrest is not required, police issue a notice to appear. Comply with it: if you comply you are not arrested unless the officer records reasons; if you do not, you may be arrested | s.35(1)(b), (3)-(6) |
| Elderly or infirm | For offences punishable with less than three years, no arrest of a person who is infirm or above 60 without prior permission of an officer not below DSP | s.35(7) |
Write down (or ask your family to)
- Date and time of arrest, and the place.
- Name and rank of the arresting officer (from the name plate).
- The police station you are taken to.
- Who was informed, and when.
- Name of the witness on the arrest memo.
For the family
- Ask the police station which officer is handling the case and where the person is held.
- Contact a lawyer quickly. If you cannot afford one, ask the District Legal Services Authority at the district court for free legal aid.
- Check that the person is produced before a Magistrate within 24 hours of arrest (journey time excluded).
Sources: Constitution of India, Art 22(1)-(2); Bharatiya Nagarik Suraksha Sanhita, 2023, ss.35, 36, 38, 43(5), 47, 48, 53, 58
(Gazette text, Act 46 of 2023); D.K. Basu v. State of West Bengal, (1997) 1 SCC 416.
Banthry Prep · banthry.in · General information, not legal advice.