Know your rights if you get arrested in India

1,651 Views Updated: 03 Jan 2017
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Know your rights if you get arrested in India

Apart from the fundamental rights to be free, equal, not be exploited, to follow any religion, cultural and educational rights, to own property, the Constitution of India guarantees to us, the right to seek constitutional remedies.

And if ever, you find yourself on the wrong side of the law, either by intention or by accident, it is crucial that you get to know your basic rights.

  • Grounds Of Arrest

        A person being arrested has the right to be told on what grounds (under which sections & for what offence) he/she is being arrested.

  • Identity Of The Officer

        A person has the right to ask for & verify the ID of the officer making an arrest.

Who Can Make The Arrest?

        A person can be arrested by any police officer, magistrate or any private person under different sections. An arrest can be made by any private person without a warrant if a non-bailable, cognizable offence has been committed in his/her presence. An arrest can be made by any magistrate without a warrant. Any police officer can make an arrest without warrant in the case of cognizable offence & a warrant is required to be issued by the magistrate in case an arrest needs to be made for a non-cognizable offence.

  • An Arrest Memo

        At the time of the arrest, the arresting officer needs to prepare an ‘arrest memo’ & have it signed by one of the family member(s), relative(s) or member(s) in the locality of the arrest & countersigned by the arrested person.

  • Right To Inform Family

        In case, an arrest memo does not feature the signature of a family member, relative or friend, an arrested person has the right to inform one of them regarding the arrest.

  • Right To Free Legal Aid

        Right from the time of the arrest, a person has the right to seek legal assistance from the government, free of any charges.

  • Right To Legal Assistance During Interrogation

        An arrested person has the right to have his legal attorney/lawyer to be present during interrogation done by the authorities.

  • Detention Time Limit

        An arrested person can be detained in police custody for not more than 24 hours. After which, the police need to seek permission from the magistrate to extend the custody.

  • Right To Medical Examination

        An arrested person can seek to be examined every 48 hours, in order to check whether he/she is subjected to any kind of custodial violence.

  • Special Rights

Women cannot be arrested between sunset & sunrise.

Only a woman officer can facilitate the arrest of women & only a woman medical practitioner can medically examine arrested women. 

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