What are my rights if I'm arrested by the police in India?

The Supreme Court in D.K. Basu v. State of West Bengal, (1997) 1 SCC 416 laid down 11 binding requirements for every arrest in India — now embedded in BNSS Sections 35-58.

The arresting officer must wear a visible name tag with name and designation. An arrest memo must be prepared at the time of arrest, signed by a witness (relative or local respectable person) and attested by the arrestee. The arrested person has the right to have a friend, relative or interested person informed as soon as possible, and where the person is unknown locally, the time, place of arrest and place of custody must be notified to the next friend or relative through the District Legal Services Authority within 8-12 hours.

There is a right to consult a lawyer during interrogation (limited — not throughout, but at least intermittently). Arrest and grounds must be entered in a diary at the place of detention. A medical examination every 48 hours in custody by approved doctors is mandatory. Copies of all documents (arrest memo, inspection memo) must be sent to the Magistrate. The arrestee must be permitted to meet a lawyer during interrogation. Police control rooms must be informed within 12 hours of every arrest. Departmental action and contempt of court follow non-compliance.

Violation of these guidelines is a ground for compensation, departmental action against police, and exclusion of evidence.

Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 created a critical protection now codified in Section 35 BNSS, 2023 (formerly Section 41 CrPC).

For offences punishable up to 7 years, police cannot arrest as a matter of routine. Police must record reasons in writing before arresting, justifying that the arrest is necessary — to prevent a further offence, for proper investigation, to prevent disappearance of evidence, to prevent inducement or threat to witnesses, or to ensure presence in court when summoned.

The Magistrate must also satisfy themselves that the arrest was necessary before authorising further custody (Section 35(4) BNSS). Under Section 35(7) BNSS, for offences punishable up to 3 years, police should ordinarily issue a notice to appear instead of arresting.

Failure to follow attracts departmental action against the officer, contempt of court, compensation to the arrestee, and grounds for early release or bail. This significantly limits arbitrary arrests in matrimonial cases (498A / Section 80 BNS), corruption cases below ₹50 lakh, and other 'up to 7 years' offences. Engage a reputable, specialised criminal lawyer to invoke this protection promptly.

The answer is nuanced. Article 22(1) gives you the right to consult a lawyer, but Indian law doesn't extend to the absolute 'right to have a lawyer present throughout interrogation' that some US jurisprudence recognises.

Section 41D CrPC (now Section 36 BNSS) gives the accused the right to have a lawyer present during interrogation, though not throughout — the lawyer typically observes rather than intervenes. DK Basu guidelines add a right to consult lawyer at intervals.

Article 20(3) — right against self-incrimination: you cannot be compelled to be a witness against yourself; silence cannot be inferred as guilt; refusal to answer is not contempt; and forced confessions are inadmissible under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023. Confessions to police are not admissible. Magistrate-recorded confessions under Section 183 BNSS are admissible only if voluntary and recorded after specific safeguards.

Practical advice: politely demand to consult a lawyer before answering substantive questions; don't lie (it gives police material to charge new offences); don't volunteer information beyond what's asked; insist the official records your statement contemporaneously; if signing statements, read carefully and demand corrections; anything you say can become evidence against you — silence is often the best response.

You have the right to legal aid — a free lawyer through DLSA if you cannot afford one (Article 39A and the Legal Services Authorities Act, 1987). See our good lawyer guide.

Police torture in custody is a serious offence and a violation of Article 21. Multiple sections apply: Section 159 BNSS — public servant disobeying law to cause injury (up to 1 year); Sections 117, 118 BNS — grievous hurt by public servant (1 to 10 years); Sections 198, 199 BNS — public servant exceeding powers causing injury (up to 7 years); Section 103 BNS — murder in custody (life imprisonment to death).

Reporting custodial violence: insist on an immediate medical examination — mandatory under Section 51 BNSS and DK Basu — by an independent doctor, not a police-empanelled one. Inform the Magistrate at first production — the Magistrate must record allegations of torture in writing. File a complaint to a senior police officer (SSP, IG, Commissioner).

The State Human Rights Commission receives online complaints with medical and other evidence, and typically awards compensation. The NHRC at nhrc.nic.in takes cross-state, systemic or serious cases and can recommend prosecution, compensation and departmental action. File an FIR against the erring police — often resisted, so use a Section 175(3) BNSS application to a Magistrate to compel registration. A civil suit for compensation is available because the state is vicariously liable for police misconduct (Nilabati Behera v. State of Orissa, AIR 1993 SC 1960). A writ petition in the High Court can prevent further harm, transfer custody, and enable judicial monitoring.

Indian courts have awarded compensation ranging from ₹1 lakh to over ₹1 crore in custodial violence cases. Document everything — photographs of injuries, medical reports, witness accounts. Engage a reputable, specialised criminal / human rights lawyer. See our police misconduct guide.

First production within 24 hours is a critical constitutional safeguard under Article 22(2) and Section 58 BNSS — the arrested person must be produced before a Magistrate within 24 hours of arrest, excluding travel time.

What happens at first production: the Magistrate verifies the arrest is legal (Section 35 BNSS reasons recorded by police, DK Basu compliance); charges are read out; the accused is informed of rights; the accused is heard, with an opportunity to allege torture or irregular arrest; medical examination is arranged if required; police may apply for remand (maximum 15 days police custody, beyond that judicial custody); the Magistrate decides — police custody, judicial custody or release; and bail is considered if eligible (bailable offences must be granted bail).

Your rights at first production: physical presence (not just video conference for the first production); to have your lawyer present; to allege torture or mistreatment — which the Magistrate must record; to demand medical examination; to apply for bail; and to allege procedural violations of arrest.

If your rights are violated: have your lawyer file specific written objections in the order sheet; move a higher court for irregular remand; file a complaint to the State Human Rights Commission; and consider a habeas corpus petition for illegal detention.

Practical reality: many first productions are perfunctory and pre-prepared by police. Engage a lawyer before first production where possible; have family or friends physically present in court; don't sign statements at the police station promising 'cooperation'; and remember that torture allegations made at first production carry more weight than later allegations. For arrest in another state, see the transit bail discussion in our anticipatory bail guide.