Getting arrested- An arrest is one of the most fearful, stressful and confusing situations that a person might face. The tone in which they are arrested fills the situation with fear, anxiety, and uncertainty, whether the arrest is justified or not. The vast majority of people due to panic or ignorance do not exercise the rights that the Indian law grants them.
As it is in India, all its citizens are entitled to certain rights when they are arrested or facing the consequences of it, and Indian law ensures that no one is mistreated, wrongfully detained or denied access to justice. These rights however, are only efficient in situations where people are enlightened and know how to exercise them in a non-violent and lawful manner.
This blog explains what to do in case you are ever arrested and law that guard your rights as a person. This information is as important as it can help the law-abiding citizen, or perhaps a friend or family member find their way out of this situation.
KEY ASPECTS TO REMEMBER IF YOU ARE ARRESTED
1. Stay Calm and Composed.
It’s natural to panic, but staying calm is very important during these situations.
Do not:
- Resist arrest physically-Always cooperate with the police and be gentle
- Argue aggressively with police-Do not argue with police because every moment counts.
- Attempt to flee-Do not try to run away from them.
Even if you believe the arrest is unjust, your rights are better protected through legal action, not confrontation, or physical domination.
2. Ask for the Reason of Arrest.
You have the right to be informed of the grounds for your arrest. The arresting officer must:
- Tell you the exact reason,
- Show a warrant, if applicable (in case of warrant-based arrests),
- Inform you of the offence and relevant section of the law.
3. Do Not Self-Incriminate.
You have the right to remain silent.
Do not:
- Volunteer information-Do not open up easily.
- Admit guilt-Do not admit any guilt if done also.
- Sign any statement or confession without your lawyer present.
Remember, whatever you say can be used against you in court.
4. You Have the Right to a Lawyer.
This is a fundamental right under Article 22(1) of the Constitution.
You can:
- Contact your lawyer immediately.
- Refuse to answer any questions until your lawyer is present.
- Ask for free legal aid if you cannot afford one.
Police must also inform you of this right.
5. Right to Inform a Family Member or Friend.
Upon arrest, the police must inform one of your relatives or a friend about:
- The arrest,
- The place of detention,
- Time and reason of arrest.
This is a vital safeguard against illegal detention.
6. Ask for a Medical Checkup.
Before and after being taken into custody, you can request a medical examination to:
- Document your physical condition,
- Protect yourself against false claims of injury or abuse.
This is especially important in cases of alleged police misconduct.
7. Request Bail If Applicable.
Depending on the offence:
- For bailable offences, you can get bail as a matter of right,
- For non-bailable offences, your lawyer can apply to the magistrate for bail.
Do not delay in seeking bail, especially in serious cases.
LEGAL BACKINGS
1. Article 22(1) of the Constitution of India – Right to Legal Representation
This article guarantees that:
- No person who is arrested shall be denied the right to consult and be defended by a legal practitioner of their choice.
- It also mandates that the arrested person be informed of the reason for arrest at the earliest.
2. Section 50 & 50A of the Criminal Procedure Code (CrPC), 1973 – Information and Communication
- Section 50: The arrested person must be informed of the reason for arrest and right to bail, if applicable.
- Section 50A: Police are obligated to inform a relative or friend of the arrested person about the arrest and detention.
3. Section 41B of the CrPC – Arrest Procedure and Arrest Memo
The police must prepare an arrest memo containing:
- Date and time of arrest,
- Grounds of arrest,
- Signature of the arrested person and a witness (family member or independent person).
- The memo must be presented to the magistrate.
4. Section 54 of the CrPC – Right to Medical Examination
- An arrested person has the right to a medical examination by a registered doctor.
- If the person claims mistreatment or injury, the court can order a medical check to verify the claim.
5. DK Basu v. State of West Bengal (1997) – Supreme Court Guidelines on Arrest
This landmark judgment laid down 11 mandatory guidelines to prevent abuse during arrest and custody.
Key directives include:
- Immediate notification to a family member,
- Medical examination every 48 hours,
- Access to a lawyer during interrogation,
- Maintenance of an arrest register.
FAQs
Q1. Can I be arrested without a warrant?
Yes, in certain cases of cognizable offences (like murder, theft, rape), the police can arrest without a warrant. However, they must follow strict procedures and inform you of your rights.
Q2. What is an arrest memo and why is it important?
An arrest memo is a written record of the arrest, including time, place, reason, and names of arresting officers. It protects against illegal detention and must be signed by you and a witness.
Q3. Can I refuse to go to the police station?
If police have a valid arrest reason or warrant, you cannot refuse. However, if you are only being called for questioning (without formal arrest), you can choose to go with your lawyer.
Q4. Can I call someone when I’m arrested?
Yes. You have the legal right to contact a family member, friend, or lawyer and inform them about your arrest and location.
Q5. What should I do if I’m falsely arrested?
Remain calm, cooperate, and contact a lawyer immediately. Keep a record of everything and later file a complaint before the Magistrate, the State Human Rights Commission, or even approach High Court for compensation or quashing of FIR.
CONCLUSION
Just the arrest is not a guarantee of you being guilty, it is a formality of the investigation. However, with ignorance of the law, and without knowledge of your rights, you would be prone to be bullied into signing something you may not want to, detention, or even misuse of power.
The Constitution and the criminal laws are very protective in India- however, they must be used to protect you. It is either your right to silence, a lawyer or your family that need to be informed and each action you undertake can tell what would proceed next.
So, relax, get good information and most importantly know that when you are in custody it is not as though your rights become non-existent. In most of the cases a lawyer could help you go through these situations.
