What to do if you are arrested in Gurugram – Rights of arrested person

Being arrested can be a daunting experience, but understanding your legal rights lets you navigate it with some confidence. The Constitution and the criminal procedure law provide real protections — the difficulty is that most people do not know them at the moment they need them.

Your rights at the moment of arrest

• To be told why. You must be informed of the grounds of arrest. Article 22(1).
• To have someone informed. A relative or friend of your choosing must be told where you are being held.
• To a lawyer. You are entitled to consult and be defended by a legal practitioner of your choice, and to have him present during interrogation.
• To an arrest memo. Prepared, timed, and attested by a witness, with your counter-signature.
• To a medical examination. Particularly important if force has been used.
• Not to incriminate yourself. Article 20(3). You are obliged to cooperate; you are not obliged to confess.

The 24-hour rule

You must be produced before a Magistrate within twenty-four hours of arrest, excluding the time needed for travel. This is not a formality — the first production is the earliest and often the best opportunity to apply for bail, and a bail application should be ready for it.

Women and juveniles

A woman may not ordinarily be arrested after sunset and before sunrise, and arrest is to be made by a woman police officer. A person under eighteen is dealt with under the Juvenile Justice Act, not as an adult accused.

A notice instead of an arrest

For many offences the police must issue a notice to appear rather than arresting you. Comply with it — but with counsel engaged. Ignoring it converts a summons situation into an arrest situation.

What to do, practically

1. Stay calm and do not resist. Resisting adds a fresh offence.
2. Ask for the grounds of arrest and for a copy of the arrest memo.
3. Call a lawyer, or have your family call one. Note the police station and the time.
4. Do not sign anything you have not read, and do not explain a transaction on the spot.
5. Have a bail application prepared for the first production.

Before it happens

If you know an FIR exists and arrest is a real risk, anticipatory bail under Section 482 BNSS is far easier than bail afterwards. See bail and anticipatory bail.