Rights Relating to Arrest in India

June 4th, 20109:04 pm @    


Every person must be aware of the some basic rights relating to arrest to ensure his/her well being while in custody.

The various Rights granted to a person being arrested by various statutes in India-

1.The most basic provision relating to arrest has been incorporated in the Article 21 of the Constitution. It lays down that no person can be deprived of his/her right to liberty, except in accordance with procedure established by law.

2.The arrestee has right to be informed about the full particulars or grounds for the arrest.

3.The arrestee has right to consult the legal practitioner of his/her choice and to be defended by him.

4.The accused must be produced before the nearest magistrate within 24 hours of arrest (The time period excludes the time consumed in travel.)

5.The arrestee has right to inform a friend or relative or any other person, who is known to him/her and is likely to take interest in his/her welfare, about his arrest and place where he is being detained.

6. A woman cannot be arrested before sunrise or after sunset except with prior permission of a magistrate.

7.A woman can only be taken into custody in presence of a woman police officer as far as practicable and the arrest must be effected with proper dignity.

8.No beatings or force can be administered while arresting a juvenile or a child.

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Nikita is the Co-Founder and Managing Editor of MightyLaws.in. She is a lawyer/author residing in Delhi. She believes that increasing legal awareness is the key to ensure social justice and simplification of law is the means to achieve it. She writes articles on social and political issues for various platforms in English and Hindi.

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