Asked by a reader in Bengaluru

What are my rights if the police arrest me?

Answered by Advocate Sharan Jain··Criminal Defense & Prosecution

Short answer

To be told the grounds of arrest, to inform a relative or friend, to consult a lawyer, to be produced before a Magistrate within 24 hours, and to be medically examined. The D.K. Basu guidelines and Sections 47 and 58 BNSS set these out and they are enforceable.

These rights are constitutional and statutory, and breach of them has real consequences for the prosecution, so knowing them matters.

At the point of arrest

  • To be informed of the grounds of arrest. Article 22(1) of the Constitution and Section 47 BNSS. Recent Supreme Court decisions have emphasised that the grounds must be communicated in writing and in a language the arrested person understands, and failure has led to release.
  • To have a relative or friend informed. Section 48 BNSS, and the police must display information about the arrest.
  • An arrest memo, attested by a witness and countersigned by the arrested person, recording the time and place.
  • To consult and be defended by a lawyer of your choice. Article 22(1). The lawyer may be present during interrogation, though not necessarily throughout.
  • Medical examination at the time of arrest and periodically, recording any injuries.

Within 24 hours

You must be produced before the nearest Magistrate within 24 hours of arrest, excluding the time needed for the journey. Article 22(2) and Section 58 BNSS. Detention beyond that without a Magistrate's authorisation is illegal.

Two protections worth naming
D.K. Basu v. State of West Bengal (1997) laid down the requirements for arrest and detention that are now largely codified. Arnesh Kumar v. State of Bihar (2014) requires that for offences punishable up to seven years, the police issue a notice of appearance under what is now Section 35 BNSS rather than arresting mechanically, and record reasons if they do arrest. Officers who ignore these directions can face departmental and contempt consequences.

Additional protections

  • A woman shall not be arrested after sunset and before sunrise save in exceptional circumstances and with the prior permission of a Magistrate, and arrest of a woman must be by a woman officer.
  • You cannot be compelled to be a witness against yourself. Article 20(3).
  • Handcuffing is restricted and is not routine.

What to do

Stay calm and do not resist. Ask for the grounds in writing. Ask for your family to be informed. Say clearly that you wish to speak to a lawyer before answering questions. Do not sign anything you have not read. If rights are breached, the remedies include a habeas corpus petition and a complaint to the Magistrate, and the breach is a strong point at the bail stage.

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Go deeper on this

This answer is the short version. These guides cover the same ground in full, with the procedure, the timelines and the leading cases.

SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at July 28, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

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