In short: anyone arrested in India must be told the grounds of arrest, have a relative or friend informed, be allowed to meet a lawyer during interrogation, be medically examined, and be produced before a magistrate within 24 hours. These rights come from Article 22 of the Constitution, the Supreme Court's D.K. Basu guidelines (1997), and the Bharatiya Nagarik Suraksha Sanhita (BNSS). Breaking them can make the arrest illegal.
Your rights at the time of arrest
- Identity of the officer: the arresting officer must wear a clear name tag, and an arrest memo must be prepared, signed by a witness (a family member or local person) and by you (BNSS Section 36).
- Grounds of arrest: you must be told why you are arrested, and whether the offence is bailable (BNSS Section 47).
- Informing someone: police must inform a relative or friend you name, and record it (BNSS Section 48). Names of arrested persons are displayed at the district control room (Section 37).
- Women: a woman should not be arrested after sunset or before sunrise except in exceptional cases, with a magistrate's prior permission and by a woman officer (Section 43(5)). Only women officers may search her.
- Elderly or ill persons: for offences punishable with less than three years, a person who is infirm or over 60 cannot be arrested without the permission of an officer of DSP rank or above (Section 35(7)).
Your rights in custody
- Lawyer: the right to meet a lawyer of your choice during interrogation, though not throughout it (Section 38), and the right to consult and be defended by a lawyer (Article 22).
- Medical examination at the time of arrest, and on request (Section 53). Injuries must be recorded.
- 24-hour rule: production before the nearest magistrate within 24 hours, excluding travel time (Section 58). Detention beyond that needs the magistrate's order.
- Right to silence: you cannot be forced to be a witness against yourself (Article 20(3)), and a confession to the police is not admissible as evidence.
- Bail: in bailable offences, as of right. See bail.
- Free legal aid if you cannot afford a lawyer. See legal aid.
Questions people ask
What are my rights if I am arrested in India?
To know the grounds of arrest, to have a relative informed, to meet a lawyer, to a medical examination, to be produced before a magistrate within 24 hours, to stay silent, and to bail in bailable offences.
Can police arrest without a warrant?
Yes, for cognizable offences, but only where the conditions in BNSS Section 35 are met. For offences punishable up to seven years, police must record reasons and normally issue a notice of appearance first.
Can a woman be arrested at night?
Only in exceptional circumstances, with the prior permission of a judicial magistrate, and by a woman officer.
What can I do if the police do not produce the person in court within 24 hours?
Complain to the magistrate and senior officers. Illegal detention can be challenged by a habeas corpus petition in the High Court.
Facing a criminal case or arrest?
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Become a ClientCall +91 81001 21141This guide gives general information about the law in India as on 11 November 2026. It is not legal advice for your situation, and reading it does not create a lawyer-client relationship. Rules and limits change; please take advice on your own facts.