Legal Insights
Know Your Rights During a Police Arrest
By Advocate Dr. Vishnu Sharma • 15/9/2026

Learn your legal rights during a police arrest in India, including arrest procedures, right to a lawyer, informing family, bail, and safeguards.
Know Your Rights During a Police Arrest
Being arrested or facing police custody can be one of the most terrifying experiences of your life. But there are rights given to you under Indian law which act as protective shields in such scenarios. The Indian Constitution, The Code of Criminal Procedure (CrPC) and Supreme Court verdicts put together an elaborate set of rights which police cannot ignore under any circumstance. From the right to know the grounds of arrest to the right against torture, Indians have a wide range of police accountability rights under Indian law. Here's an exhaustive list of your rights in case you are ever arrested or subjected to police custody.
Right to Know Grounds of Arrest
As per Section 50 of the CrPC, any person being arrested must be informed of the grounds of the arrest and the offense that they are alleged to have committed. They must also be informed about their right to get bail in case of bailable offenses.
Right Against Arbitrary Arrest
As mentioned in Article 22 of the Indian Constitution, the police cannot make you arrested without a reasonable grounds. The police will not let you go just like that- you either have to have a warrant of arrest, or they must have reasonable grounds to believe that you have committed a cognizable offense. Moreover, a person can be held accountable and get compensation for wrongful arrest.
Right to Be in Front of a Magistrate Within 24 Hours
According to Section 54 of the CrPC, every arrested person must be produced before the nearest magistrate within 24 hours of their arrest (excluding the time taken to reach the magistrate's place). The magistrate reviews the case and decides whether you will be sent to jail or not. They make sure there is a reasonable ground for the arrest.
Right to Lawyer and Free Legal Aid
Every arrested person has the right to consult a lawyer of their choice. This right is protected under Article 22(1) of the Constitution. If they cannot afford a lawyer, the arrested person is entitled to free legal aid under the Legal Services Authorities Act, 1987. Moreover, they can inform their lawyer and also meet them at the time of interrogation.
Right to Silence
Under Article 20(3) of the Indian Constitution, an arrested person does not have to say anything that might incriminate themselves. A citizen cannot be forced to answer questions if they do not want to. The Indian Constitution protects you against self-incrimination.
Right to Inform Family/Relatives
Under Section 53B of the CrPC- an arrested person has the right to inform any friend or relative of the circumstances of their arrest and where they are being held. This information must also be reported in a register maintained by the police station.
Right to Medical Examination
An arrested person has the right to a medical examination when they are arrested and every 48 hours while in police custody (under section 54 of the CrPC). They can later use the medical reports as evidence if they are subjected to police torture.
Right Against Handcuffing
Handcuffing is not allowed unless under exceptional circumstances. It is only allowed if the arresting officer feels that the accused person may try to escape or harm others. Supreme Court verdicts have also held that handcuffing is not a respectful way to deal with arrested persons.
Right for Women (Special Provisions)
Women can, as a general rule, not be arrested between sunset and sunrise. Their arrest can only be done on special grounds and/or with the permission of a magistrate. Women must also be arrested in presence of a female police officer.
Right to Bail
In case you have been arrested for a bailable offense, you can either get bail from the police station or from the court by giving surety. In case you are charged with a non-bailable offense, you can apply for bail from the court.
Right Against Torture and Custodial Violence
Torture in police custody is a crime. This is true whether it is physical or mental torture. Moreover, any confession made under police torture cannot be used as evidence in court. If you are facing custodial torture, you can complain to the National or State Human Rights Commission and seek justice.
What to Do When You Are Arrested
You must ask for the police to produce an arrest warrant and ID proof. You must politely but firmly ask them to state the grounds of your arrest in writing. You must also ask them to inform your friends or family members of your arrest, as soon as possible. Moreover, you must ask for a lawyer before answering their questions, and not sign any documents if you do not understand them. Remember to keep a note of officers' name and badge number and police station contact details.
Conclusion
Knowing your rights can be a lifesaver in case you are ever placed in police custody or arrested. The Constitution and Supreme Court verdicts hold police accountability to a high standard when it comes to citizen rights. As mentioned above, you can always get legal help from a criminal lawyer or legal aid in case you feel your rights are being infringed during an arrest.