Fundamental Rights During Arrest
The Constitution of India and criminal procedure laws provide several rights to protect persons from arbitrary arrest and detention.
Key Point: Article 22 of the Constitution guarantees protection against arrest and detention. These rights cannot be suspended except during emergency.
Your Rights When Arrested
Right to know grounds of arrest (Article 22(1))
Right to inform family or friend
Right to consult a lawyer (Article 22(1))
Right to be produced before magistrate within 24 hours (Article 22(2))
Right to medical examination
Right to free legal aid (if unable to afford)
Right to remain silent
Right to be released on bail (for bailable offenses)
DK Basu Guidelines (Supreme Court)
The Supreme Court in DK Basu vs State of West Bengal laid down guidelines for arrest:
- Police must bear visible name tags and identification
- Memo of arrest must be attested by witness
- Arrest memo must be sent to family/friend
- Person arrested must be informed of right to inform relative/friend
- Entry must be made in diary about arrest
- Medical examination of accused must be conducted
Procedure After Arrest
- Police must inform you of grounds of arrest
- You have the right to call a lawyer
- You can inform family about your arrest
- Police cannot keep you for more than 24 hours without magistrate's order
- You can apply for bail (if eligible)
Protection Against Illegal Arrest
- File habeas corpus petition in High Court for illegal detention
- Claim damages for wrongful arrest
- Complaint to National Human Rights Commission
- Disciplinary action against erring police officers
Important Note: Do not resist arrest. Cooperate with police and immediately contact a lawyer. You have fundamental rights that must be respected even during arrest.