Criminal Law
Know your rights if you are arrested
The core protections
A person who is arrested has a set of rights the police must respect. Article 22 of the Constitution requires that the grounds of arrest be communicated, that the person be allowed to consult a lawyer of their choice, and that they be produced before a magistrate within twenty-four hours of arrest, excluding the time of the journey. The Bharatiya Nagarik Suraksha Sanhita carries these forward: Section 47 requires the arrested person to be told the full grounds of arrest and of the right to bail, and Section 48 requires a nominated relative or friend to be informed of the arrest.
Arrest is not automatic
For offences punishable with up to seven years' imprisonment, arrest is the exception, not the rule. Section 35 of the Sanhita, and the Supreme Court in Arnesh Kumar v. State of Bihar, require the police to justify the need to arrest rather than arrest as a matter of course, and a notice of appearance under Section 35(3) must be served where arrest is not necessary. The safeguards laid down in D.K. Basu v. State of West Bengal, including a memo of arrest and a medical examination, also continue to apply.
If your rights are breached
A person has the right to remain silent and is not bound to answer every question put by the police. Where an arrest or detention is unlawful, the remedy of habeas corpus before the High Court or the Supreme Court is available, and a complaint may be made to senior officers or to the human rights authorities. Acting early, with a lawyer, on the response to a notice and on bail, is usually what protects a person best.
This note is general information on the law as at the date shown, not legal advice on any specific matter. The law changes; for advice on your facts, please speak to the firm.
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