Essential Legal Safeguards: Understanding the Rights of an Arrested Person in India

In the Indian legal framework, the arrest of an individual is a grave matter that directly impacts their Fundamental Right to life and personal liberty. Whether you are an Indian citizen or a foreign national, the Constitution of India and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—which has succeeded the old Code of Criminal Procedure (CrPC)—provide robust protections against the arbitrary use of police power.

If you or a loved one is facing a legal crisis in Rajasthan, consulting an experienced expert like Advocate Prakhar Gupta, an advocate in Kota, can ensure these rights are strictly enforced and your liberty is protected.


The Right to Know: Grounds of Arrest

The very first protection triggered during an arrest is the "Right to Information." Under Article 22(1) of the Constitution and Section 47 of the BNSS, every arrested person must be informed of the specific grounds for their arrest.

Warrant Situations: If the arrest is made under a warrant, the officer must notify the substance of the warrant and show it to the person if requested.

Without a Warrant: In cognizable cases where a warrant isn't required, the police are still duty-bound to provide full particulars of the offence.

Immediate Notification to Family or Friends

Transparency is key to preventing custodial disappearances. Section 48 of the BNSS (formerly Section 50A CrPC) mandates that the arresting officer must immediately inform a friend, relative, or any person nominated by the arrestee about the arrest and the location where they are being held.

The 24-Hour Rule: Production Before a Magistrate

No person can be kept in police custody indefinitely. Both Article 22(2) and Section 58 of the BNSS require the police to produce the arrested individual before the nearest Magistrate within 24 hours of the arrest. This period excludes the time necessary for the journey from the place of arrest to the court.

Right to Legal Counsel and Advice

An arrested person has the constitutional right to be defended by a legal practitioner of their choice. Section 38 of the BNSS (corresponding to Section 41D CrPC) specifically allows the accused to meet their lawyer during interrogation, though not necessarily throughout the entire process.

Specific Protections for Women

Indian law provides sensitive guidelines for the arrest of women to maintain decency and dignity:

Time Restraints: As per Section 43 of the BNSS, a woman cannot be arrested after sunset and before sunrise, except in extraordinary circumstances with the prior permission of a Magistrate.

Female Presence: The arrest must be made by a female police officer, and the search of a woman must be conducted by another woman with strict regard to decency.

The Right to Silence and Protection from Self-Incrimination

Under Article 20(3) of the Constitution, no person accused of an offence can be compelled to be a witness against themselves. This "Right to Silence" means:

The police cannot use force or torture to extract a confession.

In the landmark case of Nandini Sathpathy vs. P.L. Dani, the Supreme Court upheld that an accused has the right to remain silent during interrogation to avoid self-incrimination.

Right to Medical Examination

To prevent custodial torture, Section 53 of the BNSS gives the arrested person the right to be medically examined. This ensures that any injuries sustained during or after the arrest are documented, serving as vital evidence if police misconduct occurs.

Why You Need an Advocate in Kota

Legal procedures can be intimidating, especially with the transition from the CrPC to the new BNSS laws in 2024. Advocate Prakhar Gupta, based in Kota, Rajasthan, brings years of experience in criminal litigation and anticipatory bail to the table. Whether it is ensuring the police follow the D.K. Basu guidelines or representing you in the District and High Courts, professional legal intervention is indispensable.

FAQs

1. Can the police arrest me without a warrant? 

Yes, but only for cognizable offences (serious crimes like theft, assault, or murder). For non-cognizable offences, the police must obtain a warrant from a Magistrate. Under Section 35 of the BNSS, arrests for offences punishable by less than seven years are now considered an exception rather than the rule, requiring specific reasons from the officer.

2. What should I do immediately after being arrested?
  • Ask for the written grounds of arrest in a language you understand.
  • Ask the officer to prepare an Arrest Memo and ensure it is signed by a witness (friend or relative).
  • Inform the police of one person (friend/relative) you wish to notify about your arrest.
  • Remain calm and exercise your right to silence until you consult your lawyer.
3. Is it mandatory for the police to provide the grounds of arrest in writing? 

Yes. In a landmark November 2025 ruling, the Supreme Court held that grounds of arrest must be supplied in writing and in a language the arrestee understands. This must be done at least two hours before you are produced before a Magistrate.

4. How long can the police keep me in custody? 

The police cannot detain you for more than 24 hours without producing you before a Magistrate. This is a constitutional mandate under Article 22(2). Any detention beyond this without a Magistrate's order is illegal.


5. What are the specific rights for women during an arrest?
  • Time: No woman can be arrested after sunset or before sunrise (except in extraordinary cases with a Magistrate's prior written permission).
  • Presence: A woman must be arrested by a female police officer.
  • Decency: Any search of a woman must be conducted by another woman with strict regard to decency.
Advocate Prakhar Gupta | Advocate in Kota | Lawyer in Kota | Lawfirm in Kota Legal Disclaimer: The information provided in this article (and any related content) is for general educational and informational purposes only. It does not constitute legal advice, nor does it create an attorney-client relationship between the reader and the author or the firm. For specific legal queries or urgent advice regarding your rights and options, please consult with a qualified lawyer to ensure your interests are protected based on the most current laws and your specific situation.
Location: 291, Rajeev Gandhi Nagar, Instrumentation Limited Colony, Kota, Rajasthan 324005, India

Popular posts from this blog

Can Legal Heirs Contest a Gift Deed? A Comprehensive Guide to Indian Property Laws

Image
In the landscape of Indian property law, a gift deed is a powerful document used to transfer ownership without any monetary exchange. However, it is a common misconception that once a gift deed is registered, it becomes absolute and untouchable. Legal heirs in India possess the right to challenge a gift deed if the transfer appears suspicious or violates statutory requirements. Whether it is a question of undue influence, fraud, or mental incapacity, the law provides a pathway for aggrieved heirs to seek justice. Understanding the Legal Foundation of Gift Deeds A gift deed is governed primarily by the Transfer of Property Act, 1882, and the Registration Act, 1908. To be considered legally "watertight," a gift must fulfill several mandatory criteria: Voluntary Transfer: The donor must act of their own free will. No Consideration: No money should change hands. Acceptance: The person receiving the gift (donee) must accept it during the donor's life...
Read more

Winning Strategies to Defend Against Cheque Bounce Cases: Guide by Advocate Prakhar Gupta

Image
Facing a legal notice under Section 138 of the Negotiable Instruments Act can be a daunting experience. In India, a bounced cheque is not just a banking error; it is a criminal offense that carries the risk of imprisonment for up to two years, heavy fines, or both. However, being served a notice does not mean you are guilty. With a strategic legal defense and a deep understanding of the law, you can protect your reputation and finances. For residents in Rajasthan, consulting a specialized advocate in Kota like Advocate Prakhar Gupta can make the difference between a conviction and an acquittal. Understanding the Legal Framework of Section 138 Before building a defense, it is crucial to understand when a cheque bounce actually becomes a crime. According to the law, specific conditions must be met: Legal Debt: The cheque must have been issued to discharge a "legally enforceable debt." Timely Presentation: The cheque must be presented to the bank within its validity period (usua...
Read more

Defending Section 138: A Legal Guide by Advocate Prakhar Gupta

Image
Facing a cheque bounce case under Section 138 of the Negotiable Instruments (NI) Act can be a stressful experience, involving potential jail time and heavy fines. However, with the right legal strategy and an expert like Advocate Prakhar Gupta, an experienced advocate in Kota, you can effectively challenge these allegations. Below is a guide on how to navigate and defend against cheque bounce charges in 2025. Understanding Section 138 of the NI Act In India, a cheque bounce is not just a banking error; it is a quasi-criminal offense. For a case to be valid under Section 138, several conditions must be met: Legally Enforceable Debt: The cheque must have been issued to pay back a valid debt or liability. Validity Period: The cheque must be presented within three months of its date. Statutory Notice: If a cheque bounces, the payee must send a legal notice within 30 days of receiving the dishonor memo. The 15-Day Grace Period: The drawer has 15 days from the receipt of the notice to pa...
Read more