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Arrest & Police Rights in India

Essential constitutional and procedural safeguards every Indian citizen possesses if stopped, questioned, or detained by police officers.

Important Legal Points to Know

  • Article 22(1) guarantees the right to know the grounds of arrest immediately.
  • Article 22(2) mandates production before the nearest Judicial Magistrate within 24 hours of arrest (excluding travel time).
  • Section 47 of BNSS 2023 requires police to prepare a written Arrest Memo signed by at least one family member or respectable local witness.
  • Women cannot be arrested between sunset and sunrise except under extraordinary circumstances with prior written permission of a Judicial Magistrate.

Practical Action Steps

  1. Stay calm and do not physically resist the police officer.
  2. Ask politely: 'Am I under arrest, or am I free to go?'
  3. If under arrest, ask for the formal Arrest Memo and read it carefully before signing.
  4. Immediately call your lawyer or a family member to notify them of your location and the station name.
  5. Request a medical examination under Section 53 of BNSS upon arrest to document physical health.
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