All guides

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.

Want to ask about your specific situation?

Ask Kanoon-AI
This is general legal information, not legal advice. Please consult a qualified advocate for your specific situation.