Arrest and Custody
When you or someone you know is being arrested or is in police custody
Your rights
6 rights, every one grounded in a specific statutory section.
Right to be informed of the grounds of arrest at the time of arrest — police must communicate the reason.
CONSTITUTION s. 22(1)Right to be informed of grounds of arrest without delayRight to inform a nominated friend, relative, or lawyer of the arrest without delay — officer must facilitate this.
BNSS s. 58Person arrested to be informed of grounds and right to inform a friend or relativeRight to consult and be represented by a lawyer of your choice — this right begins at the moment of first questioning.
CONSTITUTION s. 22(1)Right to consult legal practitioner of choice on arrestRight to be produced before a Magistrate within 24 hours of arrest (excluding travel time) — no person can be detained beyond this without a Magistrate's order.
CONSTITUTION s. 22(2)24-hour production rule — no detention beyond without Magistrate orderRight not to be subjected to physical or mental torture, coercion, or threat during interrogation (Selvi v. State of Karnataka principle — narco-analysis / brain mapping cannot be compelled).
CONSTITUTION s. 21Right to life and personal liberty — extends to dignity during interrogation (Selvi v. KSB, 2010)Right to free legal aid if you cannot afford a lawyer — the arresting officer must inform you of this right.
BNSS s. 58Arrested person to be informed of right to legal aid and free legal services
Your duties
What you must do so the law is on your side.
Cooperate with the arrest procedure — do not physically resist a lawful arrest.
BNS s. 221Resistance or obstruction to apprehension — punishableProvide your correct name and address when asked at the time of arrest.
BNSS s. 35Duty to give name and address to arresting officerDo not attempt to flee or conceal yourself after receiving notice to appear.
BNS s. 221Evading apprehension after lawful notice — punishable
Do say
- ·“Why am I being arrested? Please state the grounds.”
- ·“I want to inform my family member [name] of my arrest. Please facilitate this immediately.”
- ·“I want to speak to my lawyer before answering any questions.”
- ·“I am entitled to free legal aid — please contact the Legal Services Authority.”
- ·“I am invoking my right under Article 22 of the Constitution.”
Do not say
- ·Do not make any statement or admission without your lawyer present.
- ·Do not sign any confession, statement, or document without reading it carefully and consulting a lawyer.
- ·Do not consent to narco-analysis, brain mapping, or polygraph tests — these cannot be compelled.
- ·Do not reveal where your documents or valuables are during questioning without a lawyer.
- ·Do not make any verbal admission that could be recorded — anything you say can be used against you.
Get a lawyer immediately if
- ·If police refuse to state grounds of arrest — this is unconstitutional. Consult a lawyer immediately.
- ·If you are not produced before a Magistrate within 24 hours — this is illegal detention. Consult a lawyer immediately.
- ·If you are pressured to sign a confession — do not sign anything without a lawyer.
- ·If police attempt to conduct narco-analysis or brain mapping — you have the right to refuse. Consult a lawyer immediately.
- ·If you are subjected to physical violence in custody — document injuries; file complaint with NHRC and consult a lawyer.
- ·If family access is denied — this violates BNSS s.58. Consult a lawyer immediately.
Emergency contacts
National helplines available 24/7.
Statutory references
Every right and duty above is anchored in one of these.
- CONSTITUTION s. 21Right to life and personal liberty — dignity during interrogation
- CONSTITUTION s. 22(1)Right to be informed of grounds, right to lawyer
- CONSTITUTION s. 22(2)24-hour production before Magistrate
- BNSS s. 35Duty to give name and address
- BNSS s. 58Right to inform relative, right to free legal aid
- BNS s. 221Resistance to lawful apprehension — offence
Need this in an emergency?
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Get the mobile app →Not legal advice. This guide is a citation-grounded reference, not a substitute for a lawyer. If your rights have been violated or you need to act on something specific, consult an advocate. We do not connect citizens to lawyers (BCI Rule 36 compliant).
Every right and duty above maps to a section of an Indian statute. We do not generate legal text — every quoted citation is sourced from BNS / BNSS / BSA / Constitution / the relevant special Act and verified before publication.