Fundamental Rights of an Arrested Person in India By Advocate Avichal Pandey, Allahabad High Court

Fundamental Rights of an Arrested Person in India

By Advocate Avichal Pandey, Allahabad High Court

Arrest is one of the most serious actions that can be taken against an individual by the State. However, the Constitution of India, along with the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), provides several safeguards to ensure that the dignity, liberty, and legal rights of an arrested person are protected. These rights are essential to prevent misuse of police powers and to uphold the principles of natural justice and fair trial.

This article explains the fundamental rights available to every arrested person in India.

1. Right to Know the Grounds of Arrest

Every person who is arrested has the legal right to be informed about the reasons for the arrest immediately. This protection is guaranteed under Article 22(1) of the Constitution of India and relevant provisions of the BNSS.

The police must clearly communicate:-

●The offence for which the arrest is being made.

●Whether the offence is bailable or non-bailable.

●The right to seek bail wherever applicable.

●Failure to inform the grounds of arrest may render the arrest illegal.

2. Right to Inform a Relative or Friend

An arrested person has the right to have a family member, friend, or relative informed about the arrest and the place of detention.

This safeguard was strongly emphasized by the Supreme Court in the landmark case of D.K. Basu v. State of West Bengal. The objective is to ensure transparency and prevent unlawful detention or custodial abuse.

The police are required to:-

●Inform the nominated person without delay.

●Record the details of such communication in official records.

3. Right to Legal Counsel

Every arrested person has the constitutional right to consult and be defended by a lawyer of their choice.

This right begins from the very moment of arrest and continues throughout the investigation and trial process. Legal representation is a vital safeguard against coercion, illegal interrogation, and violation of due process.

If a person cannot afford a lawyer, free legal aid may be provided through the Legal Services Authorities under the Legal Services Authorities Act, 1987.

4. Right to be Produced Before a Magistrate Within 24 Hours

Under Article 22(2) of the Constitution and BNSS provisions, no arrested person can be detained in police custody for more than 24 hours without being produced before a Magistrate, excluding travel time.

The Magistrate examines:-

●Whether the arrest was lawful.

●Whether further detention is necessary.

●Whether the accused has suffered any ill-treatment.

Detention beyond the prescribed period without judicial authorization is illegal and violates fundamental rights.

5. Right to Medical Examination

An arrested person has the right to undergo medical examination after arrest. This safeguard is extremely important to protect individuals from custodial violence and torture.

Medical examination:-

●Creates official documentation of injuries, if any.

●Ensures proper physical condition of the detainee.

●Acts as evidence in cases of custodial abuse.

Women must be medically examined by or under the supervision of a female medical practitioner.

6. Right Against Self-Incrimination

Article 20(3) of the Constitution protects an accused person from being compelled to testify against themselves.

This means:-

●No person can be forced to confess guilt.

●Statements obtained through coercion, threat, or torture are legally questionable.

●The accused has the right to remain silent during interrogation.

This principle forms the backbone of criminal jurisprudence and protects individual liberty.

7. Special Rights of Women During Arrest

Indian law provides additional safeguards for women to preserve dignity and safety during arrest procedures.

Important protections include:-

●A woman should ordinarily not be arrested after sunset and before sunrise, except in exceptional circumstances with prior permission.

●Arrest and search should generally be conducted by female police officers.

●Searches must be conducted with decency and respect.

These safeguards aim to prevent harassment and misuse of authority.

Conclusion

The rights of an arrested person are not merely procedural formalities; they are constitutional guarantees designed to protect personal liberty and human dignity. Awareness of these rights is essential for every citizen because unlawful arrest, illegal detention, and custodial abuse continue to remain serious concerns.

Police authorities are bound to act within the framework of law, and any violation of these protections can be challenged before the courts.

Understanding these safeguards strengthens the rule of law and ensures that justice is administered fairly and transparently.

Advocate Avichal Pandey

Allahabad High Court

Legal Consultant – Civil, Criminal, Constitutional, Service & Matrimonial Matters