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Know Your RightsCriminal Rights
Criminal RightsBasic 6 min · 7 steps

What To Do If You Are Arrested

गिरफ्तार होने पर क्या करें

Your rights from the moment of arrest — right to know charges, right to lawyer, bail rights, and how to challenge illegal detention.

National Legal Aid Helpline: 15100

  1. Stay Calm and Do Not Resist

    शांत रहें, प्रतिरोध न करें

    Physically resisting arrest — even an illegal one — is a separate offence under Section 221 of the Bharatiya Nyaya Sanhita (BNS). Resist legally through courts, not physically at the moment of arrest.

    Tip: Say clearly: "I am not resisting, but I am asserting my legal rights." Witnesses will hear this.

  2. Demand to Know the Grounds of Arrest

    गिरफ्तारी का कारण जानें

    Under Article 22(1) of the Constitution and Section 47 BNSS, the arresting officer must immediately inform you of the reason for your arrest. If they refuse, state that you are noting this refusal.

    Warning: Do not sign any document without reading it. Signing a blank confession is a common trap.

  3. Demand a Custody Memo

    कस्टडी मेमो मांगें

    Section 48 BNSS requires police to prepare an arrest memo at the time of arrest, attested by a family member or respectable witness. The memo must show time, date, place and grounds of arrest. Demand a copy.

    Tip: If your family member is present, have them sign the arrest memo — this makes the document legally robust.

  4. Exercise Your Right to Inform Family

    परिवार को सूचित करने का अधिकार

    Under Section 50 BNSS, you have the right to have one person of your choice informed of your arrest. Tell police the name and contact number. They are legally obligated to inform that person.

    NALSA Helpline: 15100

  5. Assert Your Right to a Lawyer

    वकील का अधिकार

    Article 22(1) of the Constitution guarantees the right to consult a legal practitioner of your choice. Police cannot interrogate you in the absence of your lawyer if you have requested one. If you cannot afford one, legal aid is free under NALSA.

    Tip: If you cannot afford a lawyer, say: "I invoke my right to free legal aid under Article 39A." Police must arrange one through DLSA.

    Find a Lawyer Near You

  6. Magistrate Production Within 24 Hours

    24 घंटे में मजिस्ट्रेट के सामने पेशी

    Police must produce you before a magistrate within 24 hours of arrest (Article 22(2) of the Constitution, Section 58 BNSS). At this hearing, you or your lawyer can apply for bail. The magistrate can also order your release if the arrest was illegal.

    Warning: Note the exact time of your arrest. If 24 hours pass without magistrate production, your detention is illegal and your lawyer can file a Habeas Corpus petition in the High Court.

  7. Apply for Bail

    जमानत के लिए आवेदन करें

    If the offence is bailable, you have a right to bail — police or magistrate must grant it. For non-bailable offences, apply before the magistrate at your first hearing. Your lawyer will file a bail application.

    Read: How to Get Bail →

Common Questions

Can police arrest me without a warrant?
Yes, for cognizable offences (serious crimes like murder, robbery, assault) police can arrest without a warrant. For non-cognizable offences they need a magistrate's warrant. The list of cognizable offences is in Schedule 1 of the BNSS 2023.
How long can police hold me without presenting me to a magistrate?
Under Article 22 of the Constitution and Section 58 BNSS, you must be produced before a magistrate within 24 hours of arrest (excluding travel time). Any detention beyond 24 hours without magistrate order is illegal.
What is a custody memo and why does it matter?
A custody memo is the official record of your arrest — time, place, reason, and your physical condition. Demand it immediately. It protects you from torture claims being backdated and is crucial evidence if you later challenge the arrest.