What are my rights if the police arrest me?

I am worried the police may arrest me in connection with a case. What rights do I have at the time of and after arrest? Before I spend money on it, I want to know whether BNSS 2023 s.35 gives me a remedy here and what proof I would need. Any Section numbers I can quote when I write to them would be useful.

BNSS 2023 s.35, BNSS 2023 s.47, BNSS 2023 s.48 and Constitution of India Art.22 is what decides this question in India. Read it alongside the provisions named, because the relief available to you turns on the facts you can prove on paper.

Under BNSS s.35, for offences punishable with less than 7 years, police must record reasons in writing before arrest and generally issue a notice of appearance under s.35(3) instead of arresting straightaway, following the Arnesh Kumar (2014) guidelines.

Article 22 and BNSS s.47 entitle you to be informed of the grounds of arrest and to be produced before a Magistrate within 24 hours of arrest, excluding travel time.

You have the right to inform a friend or relative about the arrest and place of detention under s.48, and the arrest memo must be signed by a witness.

You are entitled to consult a lawyer of your choice and to have one present within visible but not necessarily hearing distance during interrogation.

Female arrestees generally cannot be arrested after sunset and before sunrise except in exceptional circumstances with prior written permission of a Magistrate.

What to do next: 1) Ask the officer for written grounds of arrest and note the time; 2) Immediately inform a family member or friend, or ask the police to do so under s.48; 3) Insist on production before a Magistrate within 24 hours; 4) Engage a criminal lawyer and consider a bail application at the earliest opportunity.

If you are unsure whether your facts fall inside BNSS 2023 s.35, that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in criminal law.

Disclaimer: This information is for general awareness and does not constitute legal advice. Statutes and their interpretation change, and outcomes depend on the facts of your case. Please consult a qualified advocate before acting on it.