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What are my rights if I am arrested?

Simple answer

You must be told the grounds of arrest, in writing, and a person you choose must be informed. You can meet a lawyer and must get a medical check-up. Police must produce you before a Magistrate within 24 hours, not counting travel time.

Real-life examples

Tenzin was arrested at night in Bengaluru. The officer wore a name tag, made an arrest memo signed by Tenzin and a neighbour, and phoned Tenzin's brother. Tenzin was produced before a Magistrate the next afternoon, within 24 hours.

Rohan asked for his lawyer while police questioned him. Police let the lawyer meet him during the questioning, but not sit through all of it. The law allows this.

Imran was kept at a police station for two days without being taken to a Magistrate or given written grounds of arrest. Both are against the law, and his family's lawyer can raise this in court.

What should you do?

  1. 1Stay calm and don't resist. Ask what the offence is, and ask for the grounds of arrest in writing.
  2. 2Give the name and number of a relative or friend to be informed. Read the arrest memo before you sign it.
  3. 3Ask to meet your lawyer. If you can't afford one, ask for a legal aid lawyer; your family can call NALSA at 15100.
  4. 4Tell the doctor about every injury at the medical check-up, and ask for a copy of the report for you or your family.
  5. 5If the offence is bailable, offer bail at the police station. Otherwise, apply for bail when you are produced before the Magistrate.

Exceptions & limits

  • The right to meet a lawyer during questioning does not mean the lawyer can stay for the whole interrogation.
  • Preventive detention and some special laws (like those on terrorism or drugs) have different rules on custody and bail.

Official legal reference

  • Constitution of India — Article 22(1), (2)

    Right to know the grounds of arrest, to consult a lawyer of your choice, and to be produced before a Magistrate within 24 hours.

    Read the official text

  • Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 36, 47, 48

    Officer must wear a name tag and make a witnessed arrest memo, tell you the grounds and any right to bail, and inform a person you name.

    Earlier: CrPC Sections 41B, 50, 50ARead the official text

  • Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 38, 53, 58

    Right to meet a lawyer during interrogation; medical exam soon after arrest; no police detention beyond 24 hours without a Magistrate's order.

    Earlier: CrPC Sections 41D, 54, 57Read the official text

  • D.K. Basu v. State of West Bengal (1997)

    Supreme Court: safeguards against custodial abuse, such as arrest memos, informing family and regular medical check-ups.

  • Mihir Rajesh Shah v. State of Maharashtra (2025)

    Supreme Court: grounds of arrest must be given in writing, in a language the person understands, for all offences.

Where to get help

NALSA Free Legal Aid

Free lawyer and legal advice for eligible people through Legal Services Authorities.

Call 15100nalsa.gov.in

National Human Rights Commission

Complaints about human rights violations, including custodial abuse.

nhrc.nic.in

Source & status

Applies to
All of India
Law in force since
1 Jul 2024
Legal review
Draft — awaiting lawyer review

Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.

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