Rights Relating to Arrest in India

arrest

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.





By Nikita Anand on June 4, 2010 · Posted in Informative

16 Comments | Post Comment

socialmath says:

Very nice compilation indeed. Gives the reader instant knowledge on the basic rights.
But how many people are aware of these rights? The reality is that many of the above mentioned rights are so often violated in India. When their rights are violated, the common people do not know that the state has done a wrong because they are not aware that such rights exist.
Isn't it the state's duty to inform the people of their rights, but why do we hear so less about it? Why can't the government use mass media, doordarshan, AIR to spread its awareness? What is the Legal Services Authority doing?

Posted on June 8th, 2010

socialmath says:

I argue that if little is done by the state to make the right enforcible, the right itself is defeated -
http://www.legallyindia.com/933-a-question-of-right
Do comment on my entry if you feel it raises an important question.

Posted on June 8th, 2010

Nikita Anand says:

@socialmath Thank you. Yes, ignorance of rights is a harsh reality in our country. Lack of campaigns and awareness programs which could educate people of their basic rights and duties is playing havoc on the legal justice system in our country. As far as my knowledge goes, the only Govt. authority working in this direction is the National Human Rights Commission. Also state commissions are taking initiative.. but their role is limited to distributing pamphlets and brochures. It should be made mandatory by the government, for the arresting police officer, to inform the arrestee about his/her rights. If such direction is not complied then the officer must be penalized.

Posted on June 9th, 2010

rahul says:

i would like to know what is the procedure to arrest a police officer
i know there is law which says that arrest of a public servant
but is there any application to the arresting of a police officer

Posted on June 14th, 2010

Nikita Anand says:

As far as my knowledge goes, police officers are categorized under 'public servants'. Hence the law governing the arrest of a public servent will be applicable for arresting a police officer.

Posted on June 15th, 2010

B.N.REDDY says:

THANKS FOR CREATING LEGAL KNOWLEDGE AMONG THE PEOPLE. I HOPE THAT YOU MAY FOCUS ON FUNDAMENTAL RIGHTS AND DUTIES. B.N.REDDY LL.B,LL.M

Posted on January 27th, 2011

Law of arrest of a woman in India. says:

[...] 0 There have been various cases where modesty of women has been played with on the name of police arrest. Special provisions have been laid down in the Code of Criminal Procedure and guidelines have been formulated by the Supreme Court to put a check on incidences of PoliceĀ atrocitiesĀ on women. Following are the laws which govern the arrest of a woman (To know the law relating to arrest applicable to all persons click here.) [...]

Posted on March 11th, 2011

Ragavendra says:

Nice read. I was looking for a website like this to learn more about my rights. I’ve added this to my RSS feed.

The last bullet mentions that no force can be used while arresting children or a juvenile. So can the police use force while arresting men and women? Do police always need an ‘arrest warrant’ to arrest a person?

Posted on April 7th, 2011

Nikita Anand says:

Ragavendra,
Your appreciation is highly valued. Thank you.
Sometimes force has to be used to conduct an arrest. Such force can not be used to arrest a woman, child or a juvenile. For Law relating to arrest of women please click here.
The police does not need an arrest warrant always. In some serious offences arrest can be made without warrant. Such offences are called as cognizable offences.

Posted on April 7th, 2011

Yash Bharadwaj says:

The awareness about rights is good and appreciable. But, it would look more befitting to a law student to atleast mention the relevant sections of the Acts concerned. Because, Article 21 does not have such a wide ambit to cover juveniles. Or, even if it does have, the special legislations should be mentioned so as to make the article more authentic.

Posted on June 15th, 2011

Kishore says:

One more question.. My wife has given false complaint in the police station 498a during the “judicial separation” proceeding in the thane family court. But police officer came to my home at 10:30pm for arrest… I requested to the police not to arrest. Then I applied the bail order next day. My question why the police officer arresting the public with the false wife complaints. They are just doing the senseless job. Now a days all women misusing the 498a for the divorce. I refuse to divorce and applied for the reunion in family court, after seen my reply she is harassing me with the help of police and BAD advocate.. pls. let me know how to stop all these harassment. I am not pointing all advocates are bad.. some people working only for the money.. they never think about the family.. Divorce is a very sensitive matter..

Posted on August 27th, 2011

Nikita Anand says:

Mr. Kishore,
There have been numerous complaints of misuse of 498A and many like you who have become victim of this particular section are demanding amendment. We can only wait for govt. to take action.

Posted on August 27th, 2011

rajveer sing says:

it is very plesure to read ur statment regarding arrest.

Posted on December 16th, 2011

Dare says:

Does magistrate have any obligation to write about arrest warrant in court diary & ledger ?

In one of my acquaintance case of maintenance for estranged wife. The guy is promptly paying maintenance, but there is a pending amount due to exparte court has fixed maintenance more than his salary.

Still the guy is promptly paying as much as he can, there is some pending amount. In one of the hearing lawyer from his spouse end has requested for arrest warrant & magistrate has issues it.

Poor guy had to cough up that money in police station, is lawyer says magistrate has not mentioned anything about arrest warrant in court diary & ledger. It only have mention about next hearing.

In the same hearing his estranged wife has accepted the cheque given to her. What can be done in this case.

Posted on April 9th, 2012

Nikita Anand says:

Please refer to the lawyer handling your friend’s case. We do not provide legal advice.

Posted on April 10th, 2012

Dare says:

Thanks Nikita. I beleive my below question is general in nature. Would be great, if you can get answer for it.

I recently read an article that honourable superme court has advised, lower level courts not to issue arrest warrant mechnically.

That still means, these kind of unforunate incidents are still happening in our country

Have asked this question in right spirit of knowing citizen rights, so it would be great if answer is available.

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Does magistrate have any obligation to write about arrest warrant in court diary & ledger ?
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Anyways great appericiate your effort in taking time to educate masses

Posted on April 13th, 2012