Your Rights If You Are Arrested
On arrest you must be told the grounds, allowed to inform someone, produced before a magistrate within 24 hours, and you have the right to a lawyer.
Your Rights
Right to know grounds of arrest
Article 22(1) — you must be told why you are being arrested.
Right to a lawyer
You can consult and be defended by a lawyer of your choice.
Produced before magistrate in 24 hours
Article 22(2) — excluding travel time, you must be produced within 24 hours.
Right to inform someone
A friend/relative must be told about your arrest and place of detention.
Free legal aid
If you cannot afford a lawyer, the State must provide one (Article 39A).
What To Do — Step by Step
- 1
Ask for the grounds of arrest in writing
Note the arresting officer's details.
- 2
Inform a family member or friend
Police must facilitate this.
- 3
Insist on being produced before a magistrate within 24 hours
- 4
Engage a lawyer or request free legal aid
Contact the District Legal Services Authority (DLSA).
- 5
Get a medical examination if injured
This is part of arrest safeguards.
Constitution Articles That Apply
Key Laws & Judgments
-
BNSS, 2023
Arrest procedure, bail and remand.
-
Legal Services Authorities Act, 1987
Free legal aid via NALSA/DLSA.
This guide is for general awareness only and is not legal advice. Laws and procedures change and vary by state. For your specific case, consult a qualified lawyer or your nearest District Legal Services Authority (free legal aid). In an emergency, call 112.
Frequently Asked Questions
Can I be kept in custody beyond 24 hours?
Not without a magistrate's order. The 24-hour rule is a constitutional safeguard under Article 22(2).
Can a woman be arrested at night?
As a rule women should not be arrested after sunset and before sunrise except in exceptional cases with a woman officer and recorded reasons / magistrate permission.