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Cyber Laws in India: Protecting Yourself Online
By Advocate Dr. Vishnu Sharma • 15/9/2026

Learn about cyber laws in India, online fraud, cybercrime, data protection, privacy rights, and legal steps to protect yourself online.
Cyber Laws in India: Protecting Yourself Online
The sight of police personnel can be intimidating, and a police arrest can be a terrifying experience. However, the Indian Constitution and various laws in the country safeguard citizens from unwarranted arrests. Knowing your rights in the situation can help you understand what the police can and cannot do.
Here is a compilation of your rights if you are ever placed under police custody:
1. Right to know grounds of arrest
As per Section 50 of Code of Criminal Procedure (CrPC), any person who is arrested has to be informed of the grounds of the arrest. That is, it has to be communicated to them what crime they are being arrested for. Additionally, if it is a bailable offense, they have to also be informed of their right to bail.
2. Right against arbitrary arrest
The Constitution (Article 22) of India and various other laws also grant citizens the right against arbitrary arrest. This means that police cannot arrest anyone without a just or reasonable ground. Police cannot, for no reason, take any citizen into custody. In such cases, such an arrested person can file a police complaint for false arrest and even claim compensation.
3. Right to be produced before a magistrate within 24 hours
According to Article 22 of the Constitution, a person who has been arrested has to be produced before the nearest magistrate within 24 hours (excluding time taken for travel to the magistrate's place) of their arrest. This is to prevent any kind of prolonged or unwarranted detention without trial.
4. Right to consult a lawyer
An arrested person has the fundamental right (as per Article 22(1) of the Constitution) to be aided by a lawyer of their choice. Moreover, if they cannot afford one, they may even get free legal aid if they are unable to afford one, under the provisions of the Legal Services Authorities Act, 1987.
5. Right to remain silent
As per Article 20(3) of the Constitution of India, a person cannot be compelled to give evidence against themselves. This implies that while cooperation with the police is advised, an arrestee cannot be forced to answer questions if the answers might incriminate them.
What this also means is that any confession under police pressure, torture or forceful extraction will not be deemed admissible in the court of law.
6. Right to inform a friend or relative
As per orders of the Hon'ble Supreme Court (in D.K. Basu vs. State of West Bengal case), any person who is arrested has the right to inform a friend or relative about the police action and the place of detention. In addition, the relative or friend has the right to visit the arrested person in the detention center, as well as be present during any police interrogation. Accordingly, a police station has to maintain a record of such friends or relatives as well.
7. Right to medical examination
According to Section 54 of the CrPC, an arrested person has a right to be subjected to a medical examination at the time of arrest and again, every 48 hours if they continue to be in police custody. The medical examination also serves as protection against any custodial torture.
8. Right not to be handcuffed
Handcuffing of an arrested person is not mandatory and should only be done in exceptional cases and if there is a credible risk that the arrested person may try to escape or try to harm the police or others.
9. Right for women
Women can, in general, not be arrested at night (after sunset and before sunrise). Furthermore, a woman can only be arrested in the presence of another female police official. This is to prevent harassment of any kind of woman by police during the time of arrest.
10. Right to bail in case of bailable offense
In cases when an arrest is made for a bailable offense, the person being arrested has a right to either be released by the police station or release on bail by furnishing a bond without the need to go to a court.
11. Right against torture and custodial violence
Custodial torture of any kind is a violation of a person's fundamental rights, and any confession or statement recorded during custodial torture is not admissible in court. Any person who has been a victim of custodial torture can file a police report or a writ petition to the National or State Human Rights Commission, depending on the gravity of the offense. The wrongdoers can be punished by both police as well as criminal law.
What to do if you are arrested:
1. Stay calm and do not resist arrest, even if you feel it is unjustified.
2. Ask the police to show you their identification and the warrant of arrest.
3. Politely ask the police to inform you of the grounds of your arrest in writing.
4. Ask to inform a friend, relative, or any other person of your choice immediately.
5. Ask for legal representation and do not speak to the police until you have one.
6. Do not sign any documents if you do not understand their contents or you do not wish to sign them.
7. Write down the names, badge numbers, and addresses of the police you are interacting with so you can later follow up with them.
Conclusion
Knowing your rights is always important but even more so when you face police arrest. Police authorities are often misusing their powers for personal gains, so knowing your rights becomes essential. It is, however, important to cooperate fully with the police during an inquiry. If you have any concerns, consult a qualified criminal lawyer and file a formal police complaint.
Disclaimer:
This blog is merely informative and cannot be construed to be legal advice. In case of any specific queries, always contact a qualified criminal lawyer for assistance. In case you have been a victim of false arrest or are facing police brutality, we recommend you consult a qualified criminal lawyer or report the matter to the local police station.