Code of Criminal Procedure, 1973 (CrPC) and the new Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), arrested or detained person has fundamental rights.
Right to Know the Grounds of Arrest
Under BNSS section 47(1) Police must inform the accused of reasons at the time of arrest. Reinforced by the Supreme Court guidelines in Mihir Rajesh Shah vs. State of Maharashtra (2025).
Right to Inform Relative / Friend
Under BNSS section 48(1) When a person is arrested, the police officer shall inform such arrest to Family/Friend/Relative/any other person nominated by the arrested person.
Right to Legal Representation
Arrested person have the right to consult a lawyer of his choice. If he cannot afford one, free legal aid must be provided under Article 39A and Legal Services Authorities Act.
Right to Be Produced Before a Magistrate
Police must present the arrested person before a magistrate within 24 hours of arrest.
Right to Bail in Non-Cognizable Offenses
For bailable offenses, bail is a statutory right under Section 436 CrPC. For non-bailable (Cognizable) offenses, bail is at the discretion of the court.
Right to Humane Treatment
Protection against custodial torture, degrading treatment, or violence. Reinforced by Supreme Court guidelines in D.K. Basu vs. State of West Bengal (1997).
Right to Medical Examination
If the arrested person alleges torture or ill-treatment, he has the right to get a medical examination.
Rights of Women During Arrest
Woman shall not be touched until it is necessary. No arrest of woman after sunset and before sun rise (except in exceptional cases). Personal search also should be done by a female police officer.
Right Against Handcuffing
Handcuffing is not mandatory during an arrest. It should be done when the person is violent, risk of escape or habitual offender.
Disclaimer: This content is for informational and educational purposes only. Does not constitute legal advice or create an attorney-client relationship.
