YOUR RIGHTS WHEN YOU'RE ARRESTED: WHAT EVERY INDIAN CITIZEN SHOULD KNOW

Your Rights When You're Arrested: What Every Indian Citizen Should Know

Your Rights When You're Arrested: What Every Indian Citizen Should Know

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Being arrested can be a frightening experience — especially if you don’t know your legal rights. But in India, the law protects citizens from illegal detention, harassment, and abuse of power. Every citizen must be aware of their rights during and after arrest, as guaranteed by the Constitution of India and key court rulings.


At Kanoon Ke Sipahi, we believe that awareness is the first step toward justice. Here's a simple breakdown of what you need to know.



Right to Know the Reason for Arrest


Under Section 50 of the Criminal Procedure Code (CrPC), any person who is arrested has the right to be informed of the offense for which they are being arrested, at the time of arrest.




No one can be detained without being told why.



2. Right to Legal Representation


As per Article 22(1) of the Constitution and Section 303 of CrPC, the arrested person has the right to consult and be defended by a legal practitioner of their choice.




If you’re arrested, you can immediately ask for a lawyer.



3. Right to Inform a Family Member or Friend


According to the Supreme Court ruling in D.K. Basu vs. State of West Bengal (1997), the police must inform a relative or friend of the arrested person as soon as possible.




You have the right to let someone know where you are.



4. Right to be Presented Before a Magistrate Within 24 Hours


Article 22(2) of the Constitution and Section 57 of CrPC mandate that a person arrested must be produced before a magistrate within 24 hours of arrest.




Detaining a person beyond 24 hours without judicial approval is illegal.



5. Right Against Custodial Torture


Article 21 ensures the right to life and personal liberty, and this includes protection against police brutality, torture, and inhumane treatment.




You cannot be physically or mentally tortured in custody.



6. Right to Free Legal Aid (If You Cannot Afford a Lawyer)


If the arrested person is indigent or unable to afford a lawyer, the State must provide one for free, as per Article 39A and multiple SC judgments.




Justice should never depend on your bank balance.



At Kanoon Ke Sipahi, we aim to bridge the gap between citizens and the law by spreading simplified legal knowledge in Hindi and English.

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