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Your Rights When Arrested
The Constitution (Art. 22) and BNSS 2023 give every arrested person a set of non-negotiable rights.
At the time of arrest
- Right to be informed of the grounds of arrest in a language you understand (Art. 22(1)).
- Right to consult and be defended by a lawyer of your choice (Art. 22(1)).
- Must be produced before a Magistrate within 24 hours excluding travel time (Sec. 58 BNSS).
- Handcuffing is permitted only for repeat/serious offenders (Sec. 43(3) BNSS).
- Police must inform a friend/family member and record the memo of arrest.
In custody and bail
- Medical examination within 24 hours of arrest.
- For offences under 7 years, arrest is NOT automatic — police must record reasons (Arnesh Kumar v. State of Bihar, 2014).
- Right to apply for anticipatory bail (Sec. 482 BNSS) or regular bail before Magistrate/Sessions.
- Free legal aid through NALSA (nalsa.gov.in) if you cannot afford a lawyer.
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