Arrested or detained: your rights

General information, not legal advice. This guide explains the usual steps in plain words. Every case has its own facts, and the law and the rules change. For a serious matter, speak to a lawyer. If you cannot afford one, you may get one free: call 15100. Last checked November 2026.

What the police must tell you, who you may call, and when you must be brought before a Magistrate.

What to do, step by step

1. Stay calm. Do not resist. Give your name and address. Do not sign any blank or unread paper.
2. Ask for the reason. The police must tell you the grounds of arrest. If the offence is bailable they must tell you that you can get bail and arrange sureties.
3. Ask them to inform a relative or friend, and give the number. The police must tell that person and note it down.
4. Ask for a lawyer. You have the right to meet a lawyer of your choice during questioning. If you cannot afford one, ask for the legal aid lawyer.
5. Insist on a medical examination, and tell the doctor about any injury or ill treatment. Ask that it be written down.
6. You must be produced before the nearest Magistrate within 24 hours of arrest, not counting travel time. Without a Magistrate's order you cannot be kept longer.
7. For offences punishable with less than 7 years, the police are expected to send a notice asking you to appear instead of arresting you, unless there is a reason recorded in writing.
8. Women should not be arrested between sunset and sunrise unless a woman officer has written permission from a Magistrate in exceptional cases.

Where to go

• The Magistrate who receives you within 24 hours
• District Legal Services Authority (DLSA) lawyer at court
• NALSA free legal aid helpline 15100

What to carry

• Nothing is needed to claim these rights. A family member should keep a copy of the arrest memo and note the time and place of arrest.

Time limits

• 24 hours to be produced before a Magistrate (Article 22 of the Constitution and BNSS section 58).
• Police custody ordered by a Magistrate is limited; ask the lawyer about the days allowed.

What the law says

• Constitution of India, Article 22: grounds of arrest, lawyer, 24 hours
• BNSS section 35: when police may arrest without a warrant, notice of appearance [old CrPC 41]
• BNSS section 38: right to meet a lawyer during interrogation [old CrPC 41D]
• BNSS section 43: how arrest is made, women [old CrPC 46]
• BNSS section 47: tell the person the grounds and about bail [old CrPC 50]
• BNSS section 48: inform a relative or friend [old CrPC 50A]
• BNSS section 53: medical examination of the arrested person [old CrPC 54]
• BNSS section 58: produce before Magistrate within 24 hours [old CrPC 57]
• D.K. Basu v. State of West Bengal, Supreme Court, 1997: guidelines on arrest

If it does not work

• Tell the Magistrate at the first hearing about any illegal detention or ill treatment. The Magistrate must note it.
• A family member can file a habeas corpus petition in the High Court if you are held without being produced.
• Complain to the SP, the State Human Rights Commission or the NHRC. See the page on complaints against police.

Free help

• Persons in custody are entitled to a free lawyer. Call 15100 or ask the Magistrate.

Sources

• Bharatiya Nagarik Suraksha Sanhita 2023
• NALSA, free legal aid

Related

Bail: how it works and where to apply

Section numbers are from the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Bharatiya Nyaya Sanhita (BNS) and other Acts, with the old number in square brackets. For events before 1 July 2024 the old law (CrPC, IPC) applies. Spotted a mistake? Corrections are welcome.