An arrest in India is not a free-form police action. The Constitution (Articles 21 and 22), the Code of Criminal Procedure, and the Supreme Court's D.K. Basu v. State of West Bengal (1997) guidelines together create a tight framework that protects every arrested person — accused or not.

Important: You have a right not to make any self-incriminating statement under Article 20(3) of the Constitution. Politely refuse to give a written statement until your lawyer is present.

The right to be told why you are being arrested

Under Article 22(1) and Section 50 CrPC, the arresting officer must inform you of the full grounds of arrest as soon as practicable. This is not a formality — it allows you to prepare a defence, contact a lawyer, and apply for bail.

The 24-hour rule

Article 22(2) and Section 57 CrPC say no person can be detained beyond 24 hours without being produced before a magistrate (excluding travel time). Any detention beyond 24 hours without a remand order is illegal and a ground for habeas corpus.

Core arrest-time rights

  • Right to know the grounds of arrest in writing.
  • Right to consult and be defended by a lawyer of choice (Article 22(1)).
  • Right to inform a friend or relative — the police must do this under Section 50A CrPC.
  • Right to a medical examination at the time of arrest under Section 54 CrPC.
  • Right to bail in bailable offences as a matter of statutory entitlement.
  • Right not to be subjected to unnecessary restraint or handcuffing.

D.K. Basu guidelines you can quote

The Supreme Court laid down 11 binding guidelines that every police officer must follow during arrest. The most useful in practice:

  1. Arresting officers must wear name tags with clear identification.
  2. A memo of arrest must be prepared, attested by a witness, and counter-signed by the arrestee.
  3. A relative or friend must be informed within 8–12 hours.
  4. The arrestee has the right to meet a lawyer during interrogation, though not throughout.
  5. A copy of all entries in the case diary must be made available to the magistrate.

Warning: Refusal to follow D.K. Basu guidelines is a contempt of the Supreme Court and a ground for action against the officer concerned — but you must document the breach in real time, with witnesses, for it to stick.

What to do if your rights are violated

Document everything — names, time, place, presence of witnesses. Then act fast: file a complaint with the Superintendent of Police, file a habeas corpus writ in the High Court if detention is illegal, and approach the State Human Rights Commission. Compensation has been awarded in several cases of unlawful arrest, including by the Supreme Court itself.

Arrest rights are only meaningful if you exercise them. Memorise the four basics — grounds, lawyer, family, 24-hour rule — and ask politely but firmly. If you or someone you know is in custody, contact a lawyer before making any statement.