In This Guide
If you are arrested in India, you have the right to know the grounds of arrest and whether you can get bail, to have a relative or friend informed, to meet an advocate during interrogation, to a medical examination, and to be produced before a Magistrate within 24 hours. If you cannot afford a lawyer, you can get one free.
Where do these rights come from?
Your rights on arrest come from three main sources:
- Article 22 of the Constitution, which protects people who are arrested and detained, including the right to be informed of the grounds, to consult a lawyer of your choice and to be produced before a Magistrate within 24 hours.
- The Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the CrPC from July 1, 2024 and sets out how police must carry out an arrest.
- Supreme Court judgments, especially D.K. Basu v. State of West Bengal (1997), which laid down detailed guidelines for every arrest.
These rights apply whether or not you are guilty. They are meant to prevent illegal detention, torture and abuse of power.
Your key rights at the time of arrest
1. Right to know why you are being arrested
The police must tell you the full particulars of the offence or the other grounds for your arrest (BNSS Section 47). This is also a constitutional right under Article 22.
In November 2025, in Mihir Rajesh Shah v. State of Maharashtra, the Supreme Court held that the grounds must be given in writing, in a language you understand, for every offence. Only in exceptional cases, such as a person caught in the act, can they be given orally first. Written grounds must then follow within a reasonable time, and no later than 2 hours before you are produced for remand. If this is not done, the arrest and remand can be held illegal.
2. Right to know about bail
If you are arrested for a bailable offence, the police must tell you that you are entitled to be released on bail and that you may arrange sureties (BNSS Section 47). Read our guide on bail and anticipatory bail under the BNSS to understand the difference between bailable and non-bailable offences.
3. Right to have your family or friend informed
You can name a relative, friend or other person who must be told about your arrest and where you are being held (BNSS Section 48). The police should record that this was done.
4. Memo of arrest
Under BNSS Section 36 and the D.K. Basu guidelines, the arresting officer must prepare a memo of arrest with the date and time of arrest. It should be attested by at least one witness, such as a family member or a respectable person from the locality, and countersigned by you. Police officers carrying out the arrest should wear accurate, visible identification with their names.
5. Right to meet an advocate
You have the right to meet an advocate of your choice during interrogation, though not necessarily throughout the entire interrogation (BNSS Section 38). Ask clearly for your lawyer, and give the police the name and number if you have them.
6. Right to a medical examination
An arrested person is to be medically examined by a medical officer soon after arrest (BNSS Section 53). A woman's body is examined only by, or under the supervision of, a female doctor. You or your nominee should get a copy of the report. This protects your health and creates a record of any injuries at the time of arrest. If you are hurt or unwell, say so.
7. Right to be produced before a Magistrate within 24 hours
The police cannot keep you in custody for more than 24 hours without producing you before a Magistrate, not counting the time needed for the journey from the place of arrest to the court (BNSS Section 58, and Article 22(2)). Any longer custody needs an order from the Magistrate.
8. Right to free legal aid
If you cannot afford a lawyer, you are entitled to free legal aid. Persons in custody are among those eligible under the Legal Services Authorities Act, 1987. You can tell the Magistrate at your first production that you need a lawyer, or your family can contact the District Legal Services Authority. The NALSA helpline is 15100. Learn more in our guide to free legal aid in India.
9. Right not to be forced to incriminate yourself
Under Article 20(3) of the Constitution, no person accused of an offence can be compelled to be a witness against themselves. You should cooperate with lawful procedures, but you cannot be forced to confess.
Special protection for women
A woman should not be arrested after sunset and before sunrise, except in exceptional circumstances, and then only with the prior permission of the Magistrate (BNSS Section 43(5)). The arrest should be made by, or in the presence of, a woman police officer. If these rules are not followed, note the details and tell your advocate and the Magistrate.
What to do if you or a family member is arrested
- Stay calm and do not resist. Physical resistance can lead to further charges and risk to your safety.
- Ask for the grounds of arrest in writing and the police station where you will be taken.
- Name a relative or friend to be informed under Section 48.
- Ask to see and sign the memo of arrest, and check the date and time are correct.
- Ask for your advocate, or tell the police and the Magistrate you need legal aid.
- Mention any injury or illness and ask for a medical examination.
- Do not sign blank papers or statements you have not read or do not understand.
- Family members: note the time, the officers' names, the police station and the sections mentioned, and contact an advocate quickly about bail.
Caution: Do not sign any document you have not read fully. If you cannot read it, ask for it to be read aloud, and tell the Magistrate at your first production if you were pressured to sign anything.
What if your rights are violated?
If police do not follow these rules, tell the Magistrate when you are produced, and tell your advocate. Violations can affect the legality of the detention, and serious cases of illegal detention or custodial abuse can be raised before the High Court. Your advocate can advise on the right remedy. Keep notes of times, names and what happened as soon as you can.
How NYAY GHAR can help
An arrest is frightening for the person and the whole family. Acting quickly with the right information matters. Through NYAY GHAR, you can request legal assistance and be connected with a qualified advocate who can explain the charges, check whether your rights were followed and help with a bail application. See our criminal law practice area for more.
This guide is general legal information, not legal advice for your specific case.
Written by the NYAY GHAR team from the relevant Acts and Supreme Court judgments, for general awareness. Laws change, so check the current position with a qualified advocate before acting.
Official Sources
Frequently Asked Questions
Can the police arrest without telling me the reason?
No. Under Article 22 of the Constitution and BNSS Section 47, you must be told the grounds of your arrest. The Supreme Court held in November 2025 that they must be given in writing, in a language you understand, save in exceptional cases.
How long can police keep me without taking me to a Magistrate?
Not more than 24 hours, excluding the time needed for travel to the court. Custody beyond that needs a Magistrate's order.
Can I call a lawyer after arrest?
Yes. You can ask to meet an advocate of your choice, including during interrogation, though not necessarily for the whole of it. If you cannot afford one, you can ask for free legal aid.
Can a woman be arrested at night?
Generally no. A woman should not be arrested after sunset and before sunrise except in exceptional circumstances with the Magistrate's prior permission, and by or with a woman officer.
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