Arrest & Detention
Article 22 rights, grounds of arrest, and the 24-hour magistrate rule.
Your Fundamental Legal Rights
• Right to be Informed of Grounds of Arrest
Under Article 22(1) of the Constitution and Section 50 of the CrPC, every person arrested has the right to be informed of the exact grounds for their arrest immediately.
• Right to Consult a Lawyer
You have the fundamental right to consult and be defended by a legal practitioner of your choice during interrogation.
• Right to be Produced Before a Magistrate
The police must present the arrested individual before the nearest Judicial Magistrate within 24 hours of the arrest (excluding travel time). Detention beyond this without judicial order is illegal.
• Special Rights for Women
Women cannot be arrested after sunset and before sunrise, except in exceptional circumstances with prior permission from a Magistrate and executed by a female police officer.
✅ What to Do (Immediate Actions)
- Ask the arresting officer for the specific charge and warrant (if applicable).
- Demand that your family or a friend be informed immediately of your arrest (Section 50A CrPC).
- Request medical examination if you apprehend any physical violence in custody.
⛔ What NOT to Do
- Do not sign any blank documents or confess to a crime under duress (confessions to police are generally not admissible in court).
- Do not resist arrest violently, as this can lead to further charges.
Whom to Report & The Process
Authority: Judicial Magistrate / State Human Rights Commission
Process: If detained illegally or abused in custody, your lawyer or family can file a Habeas Corpus petition in the High Court or report the abuse to the Magistrate when presented in court. You can also file a complaint with the National/State Human Rights Commission.
Contact / Portal: nhrc.nic.in (National Human Rights Commission)
Key Legal Acts & References
Practical Guides
Advertisement