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Criminal Law

Your Rights During Arrest: What the Law Says

29 May 202618 views

Know your fundamental rights if you are ever detained or arrested by the police in India.

Constitutional Rights During Arrest

Article 22 of the Indian Constitution provides fundamental safeguards:

Right to Know the Grounds of Arrest

The police must inform you why you are being arrested. An arrest without reason is illegal.

Right to Legal Counsel

You have the right to consult and be defended by a legal practitioner of your choice (Article 22(1)).

Right to be Produced Before a Magistrate

You must be produced before the nearest magistrate within 24 hours of arrest (Article 22(2)).

Right Against Self-Incrimination

Article 20(3) — No person accused of any offence shall be compelled to be a witness against himself.

Important Points

  • Women cannot be arrested after sunset and before sunrise except in exceptional circumstances
  • You can apply for bail as a matter of right in bailable offences
  • Police cannot use torture or coercion during interrogation
  • You have the right to inform a family member about your arrest

What to Do If Arrested

  1. Stay calm and do not resist
  2. Ask for the reason of arrest
  3. Contact a lawyer immediately
  4. Do not sign any blank papers