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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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