What are my legal rights if I get arrested in India?

If you are arrested in India, you have several rights under the Indian Constitution and various laws and regulations, including:

1. Right to be informed of the grounds of arrest: You have the right to be informed of the grounds of your arrest, including the specific offense for which you have been arrested.
2. Right to consult with a lawyer: You have the right to consult with a lawyer of your choice, and to have the lawyer present during questioning and any other proceedings.
3. Right to remain silent: You have the right to remain silent and not to incriminate yourself. You cannot be compelled to give any statement or answer any questions that may incriminate you.
4. Right to medical examination: You have the right to a medical examination, and the police are required to provide medical aid if necessary.
5. Right to be produced before a Magistrate within 24 hours: You have the right to be produced before a Magistrate within 24 hours of your arrest, excluding Sundays and public holidays.
6. Right to be treated humanely: You have the right to be treated humanely and not to be subjected to torture or inhumane treatment while in police custody.
7. Right to bail: You have the right to apply for bail, and the police or the court may grant bail if the offense for which you have been arrested is bailable.

It’s important to note that these rights apply regardless of the nature and severity of the offense for which you have been arrested, and that it’s advisable to assert your rights and seek the assistance of a competent lawyer who can help you navigate the legal process and protect your rights.

There have been several landmark judgements by the Supreme Court of India on the rights of arrested persons. Here are a few significant cases:

1. D.K. Basu vs. State of West Bengal (1997): This case laid down guidelines for the protection of the rights of arrested persons, including the requirement for the police to inform the arrested person of the grounds of arrest, to produce the arrested person before a Magistrate within 24 hours, to allow the arrested person to consult with a lawyer, and to provide medical examination.
2. Sunil Batra vs. Delhi Administration (1980): This case declared that it is the duty of the state to ensure that an arrested person is treated humanely and not subjected to torture or inhumane treatment while in police custody.
3. Nandini Satpathy vs. P.L. Dani (1978): This case held that the right to remain silent and not to incriminate oneself is a fundamental right under the Indian Constitution and that the police cannot compel an arrested person to give a statement or answer questions.
4. R.K. Anand vs. Delhi High Court (2010): This case clarified that an arrested person has the right to apply for bail, and the police or the court may grant bail if the offense for which the person has been arrested is bailable.
5. Delhi Domestic Working Women’s Forum vs. Union of India (1995): This case declared that the right to a fair trial, including the right to be produced before a Magistrate within 24 hours, is a fundamental right under the Indian Constitution and must be respected by the police and other authorities.

These cases, among others, have helped to clarify and strengthen the rights of arrested persons in India, and have helped to ensure that the police and other authorities comply with the legal requirements and standards for the treatment of arrested persons.

Adv. Panchnand Shaw