Suppose the police suddenly come and arrest you... at that moment, many people would panic without even knowing what is happening. Questions like “Why are they arresting me?”, “Where are they taking me?”, “Did they inform my family?” would come one after another.
First, a small explanation...
Arrest is not a punishment. It is not a sign that the court has decided someone is guilty. In situations permitted by law, arrest is the legal procedure of temporarily restricting a person’s personal freedom. .
Generally, the police make arrests. In certain specific situations, private individuals and even judges also have the legal authority to arrest.
They’ve arrested you... can the police do whatever they want now?
Absolutely not!
Your legal protections do not end after an arrest. The Indian Constitution and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which is currently in force, provide several important safeguards for arrested persons.
Here are 5 important rights you must know...
1. “Why are you arresting me?” – The right to know the reason!
You have the right to ask, “For what offense are you arresting me?”
Article 22(1) of the Indian Constitution and Section 47 of the BNSS ensure that a person who is arrested must be informed of the full grounds of arrest. In other words, it is not enough to simply say, “There is a case against you”; it must be clearly stated what offense or what reason the arrest is based on.
Also, if it is a bailable offense, the police must inform the arrested person that they have the right to be released on bail.

2. The right to meet and speak with a lawyer!
Don’t think, “They’ve arrested me... I can’t see a lawyer anymore.”
Just because someone has been arrested, it cannot be said that they are not allowed to meet a lawyer.
Article 22(1) of the Indian Constitution and Section 38 of the BNSS grant an arrested person the right to meet a lawyer of their choice and obtain legal advice. In particular, a lawyer may be met during police interrogation; however, Section 38 of the BNSS does not provide the right for a lawyer to be present throughout the interrogation.
For those who cannot afford to hire a lawyer on their own, the right to receive Free Legal Aid is also provided through legal provisions based on Article 39A of the Constitution. In particular, even in situations where a person is produced before a court and court custody or remand is sought, there is protection ensuring that those without a lawyer can receive free legal aid.
3. “Does the family know that I have been arrested?”
It must be informed!
Under Section 48 of the BNSS, if a person is arrested, their relative or friend must be informed that they have been arrested and of the place where they are being held in custody. In addition, the police must inform the arrested person of this right.
4. The right to be produced before a Judicial Magistrate within 24 hours!
Just because someone has been arrested, the police cannot keep them in custody beyond the time limit prescribed by law.
Article 22(2) of the Constitution of India and Sections 57 and 58 of the BNSS provide important legal safeguards for this.

The arrested person must be produced before the nearest judicial Magistrate within 24 hours, excluding the time required to travel from the place of arrest to the Magistrate’s court. If they are to be kept in custody after that, a court order is required by law.
5. The right to health, safety, and dignity!
Even if a person is arrested, their human rights do not end there.
“Being in custody” does not mean that he can be treated however one wishes.
Article 21 of the Indian Constitution guarantees every person the right to life and personal liberty.
Further, under Section 43 of the BNSS, the police must act in accordance with the law when making an arrest.
If the person being arrested forcibly resists the arrest or tries to escape, the police may take the lawful steps necessary to effect the arrest.

Similarly, Section 56 of the BNSS emphasizes that it is the duty of the officer keeping a person in custody to protect the health and safety of the person in custody.
Further, under Section 53 of the BNSS, an arrested person also has legal protection regarding medical examination. If there are injuries or signs of violence on the body of the arrested person, recording them is also an important safeguard.
What does the court say?
In the landmark case of D.K. Basu v. State of West Bengal (1997) 1 SCC 416, the Supreme Court laid down several important guidelines to protect the rights of persons under arrest and in custody.
Accordingly, various protective measures were emphasized, including preparing an Arrest Memo, clearly identifying the police officers, informing a relative or friend, and conducting a medical examination. Many of these safeguards are now also legally included in the BNSS.
The purpose of these guidelines is to ensure that the basic rights and human dignity of the arrested person are protected.
What to remember...
Arrest may temporarily restrict a person's freedom... but it does not take away their fundamental and legal rights.
It is essential legal awareness for everyone to know what those rights are!
