Arrest

Your rights on arrest

• Grounds of arrestThe person arrested must be told the full particulars of the offence or other grounds for the arrest and, in a bailable offence, that they may be released on bail.S. 47 BNSS (S. 50 CrPC) · Art. 22(1), Constitution
• Arrest memoAn arrest memo is prepared, attested by a family member or a respectable local person, and countersigned by the person arrested.S. 36 BNSS (S. 41B CrPC)
• Family informedThe police must inform a relative or friend named by the person arrested about the arrest and the place of custody.S. 48 BNSS (S. 50A CrPC)
• Meeting an advocateThe person arrested may meet an advocate of their choice during interrogation, though not throughout it.S. 38 BNSS (S. 41D CrPC)
• Medical examinationThe person arrested is to be medically examined.S. 53 BNSS (S. 54 CrPC)
• The 24-hour ruleThe person must be produced before the nearest Magistrate within 24 hours of arrest, excluding the journey time. Detention beyond that needs a Magistrate’s order.S. 58 BNSS (S. 57 CrPC) · Art. 22(2), Constitution
• Notice instead of arrestWhere the offence is punishable with imprisonment up to seven years, the police may issue a notice of appearance instead of arresting, if the conditions for arrest are not met.S. 35 BNSS (S. 41 and 41A CrPC)

What to do

• Note the detailsThe police station, FIR number and date, the sections, and the name of the investigating officer.
• Ask for the arrest memoAnd note the time of arrest: it fixes the 24-hour limit.
• Bailable or non-bailableIn a bailable offence, bail is a right and may be given by the police or the court; in a non-bailable offence, apply to the Magistrate or the Sessions Court.S. 478 and 480 BNSS (S. 436 and 437 CrPC)
• Keep the papers togetherFIR copy, arrest memo, identity and address proof of the person and the surety, and any medical papers.
• Speak to counsel earlySo that remand and bail can be addressed at the first production.

Judgments on arrest: D.K. Basu v. State of West Bengal, (1997) 1 SCC 416, Supreme Court of India, decided 18.12.1996; Joginder Kumar v. State of U.P., (1994) 4 SCC 260, Supreme Court of India, decided 25.04.1994; Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, Supreme Court of India, decided 02.07.2014.