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Know Your Rights During an Arrest

Read about arrest-related safeguards and access to legal assistance. Seek prompt professional help for a specific arrest or detention.

Prepare your records and choose the next resource

Useful records to organise for Bharatiya Nagarik Suraksha Sanhita. These prompts are not a mandatory filing checklist.

  • The FIR or complaint acknowledgement, alleged sections and relevant police station.
  • Dates of arrest, production, remand orders and the next listed hearing, where applicable.
  • Copies of notices and orders; ask counsel to calculate any procedural deadline from the record.

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

  • BNSS Section 53 provides for medical examination soon after arrest and recording injuries; do not confuse this with the separate 24-hour production-before-Magistrate safeguard.
  • 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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This is general legal information, not legal advice. Please consult a qualified advocate for your specific situation.