Rights of an Arrested Person in India: What Police Must Do (Article 22, BNSS and Supreme Court 2026)

Every year, lakhs of people are arrested in India, and most of them do not know what the police can and cannot do. In that moment of fear, it is easy to sign papers you have not read, or to lose the chance to call a lawyer. The law, however, gives every arrested person clear rights from the very first minute, and the Supreme Court has made these rights stronger in 2025 and 2026.

This guide explains your rights under Article 22 of the Constitution, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the D.K. Basu guidelines, including the latest rulings on written grounds of arrest. It is useful for the person arrested, for their family, and for every law student.

Quick Answer: If you are arrested, you have the right to be told the grounds of arrest (in writing, in a language you understand), to have a family member or friend informed, to meet a lawyer, to a medical examination, to be produced before a Magistrate within 24 hours, and to stay silent. In an emergency, dial 112. For a free lawyer, call the NALSA helpline 15100.

Contents

• Your Constitutional Rights
• When Can Police Arrest You?
• Your Rights at the Time of Arrest (Table)
• Grounds of Arrest in Writing: 2025-26 Update
• D.K. Basu Guidelines
• Special Protections: Women and Handcuffing
• Production Before the Magistrate
• Right to Silence and Confessions
• If Your Rights Are Violated
• Checklist for the Family
• Landmark Supreme Court Judgments
• FAQs

Your Constitutional Rights

• Article 22(1): An arrested person must be informed, as soon as may be, of the grounds of arrest, and cannot be denied the right to consult and be defended by a lawyer of his choice.
• Article 22(2): The arrested person must be produced before the nearest Magistrate within 24 hours, excluding the journey time from the place of arrest. No one can be kept beyond this without the Magistrate's authority.
• Article 20(3): No person accused of an offence can be compelled to be a witness against himself.
• Article 21: No one can be deprived of life or personal liberty except by a procedure that is fair, just and reasonable. Read our post on Maneka Gandhi v. Union of India to understand this idea.

Exception: Under Article 22(3), the rights in Article 22(1) and (2) do not apply to an enemy alien or to a person arrested under a preventive detention law, which has its own safeguards. This guide deals with ordinary criminal arrests.

When Can Police Arrest You?

Under Section 35 BNSS (earlier Section 41 CrPC), police can arrest a person without a warrant in specified situations, mainly for cognizable offences. Arrest is not automatic, though:

• Offences punishable up to 7 years: Police can arrest only if they are satisfied that arrest is necessary, for example to prevent another offence, to investigate properly, to stop tampering with evidence or influencing witnesses, or because the person will not appear in court. They must record reasons in writing.
• Notice of appearance (Section 35(3)): Where arrest is not required, police must issue a notice asking you to appear. If you comply with the notice, you should not be arrested unless the police record reasons.
• Senior citizens and the infirm (Section 35(7)): For an offence punishable with less than 3 years, a person above 60 years or who is infirm can be arrested only with the prior permission of an officer not below the rank of Deputy Superintendent of Police.

The Supreme Court laid down this approach in Arnesh Kumar v. State of Bihar (2014). We have explained what happens after arrest in our guide on bail in India under BNSS.

Your Rights at the Time of Arrest

Right	Legal Source	What It Means
1. Know the grounds	Art. 22(1); BNSS 47(1)	Police must tell you the full particulars of the offence and the grounds of arrest. Current Supreme Court law: in writing, in a language you understand.
2. Officer's identity	BNSS 36(a)	The arresting officer must wear an accurate, visible and clear name identification.
3. Arrest memo	BNSS 36(b)	A memo of arrest with date and time, attested by at least one witness (a family member or respectable person of the locality) and countersigned by you.
4. Bail information	BNSS 47(2)	In a bailable offence, you must be told that you are entitled to bail and can arrange sureties.
5. Someone must be told	BNSS 36(c), 48	A relative, friend or person you nominate must be informed of your arrest and where you are held.
6. Meet a lawyer	Art. 22(1); BNSS 38	You can meet an advocate of your choice during interrogation (though not throughout it).
7. No unnecessary restraint	BNSS 43, 46	Only as much restraint as is needed to prevent escape. Handcuffing is an exception, not the rule.
8. Medical examination	BNSS 53	A medical officer must examine you soon after arrest, and any injuries must be recorded.
9. Magistrate in 24 hours	Art. 22(2); BNSS 58	You must be produced before a Magistrate within 24 hours, excluding travel time.
10. Right to silence	Art. 20(3); BSA 23	You cannot be forced to incriminate yourself, and a confession to a police officer cannot be proved against you.

Grounds of Arrest in Writing: 2025-26 Update

This is the most important recent development, and many older articles miss it. The Supreme Court has gradually moved from "you must be told why" to "you must be given the reasons in writing":

• Pankaj Bansal v. Union of India (2023): Under the money-laundering law, the grounds of arrest must be given to the arrested person in writing.
• Prabir Purkayastha v. State (NCT of Delhi) (2024): The same rule applied to arrests under the UAPA. The arrest and remand were held invalid because the grounds were not supplied in writing.
• Vihaan Kumar v. State of Haryana (2025): Informing the arrested person of the grounds is a mandatory requirement of Article 22(1) in every case. The grounds must be communicated in a language the person understands. Telling only the wife or a relative is not enough, and the burden of proving compliance is on the police. A violation makes the arrest and remand illegal.
• Mihir Rajesh Shah v. State of Maharashtra (2025): The Court held that the duty applies to all offences under all laws, including the BNS. As a rule, the grounds must be given in writing and in a language the arrested person understands. In an urgent situation where immediate writing is impractical, the grounds may first be told orally, but the written grounds must be supplied within a reasonable time and at least 2 hours before the person is produced before the Magistrate for remand.
• Jaskaran Jeet Singh Deol v. State of Punjab (reported September 2026): A Division Bench held that written grounds must be furnished "as a matter of course and without exception". As reported, the Court said that a breach of Article 22(1) vitiates the arrest and remand, and entitles the person to release from illegal detention, not just bail. A later charge-sheet cannot cure the defect, and the police can re-arrest only after supplying the written grounds and getting the Magistrate's approval.

What this means for you: Ask for the written grounds of arrest immediately, check that they are in a language you can read, and tell your lawyer if you were not given them. Your lawyer can raise this before the Magistrate at the first hearing. Courts apply these rulings on the facts of each case, so please take legal advice.

D.K. Basu Guidelines

In D.K. Basu v. State of West Bengal (1997), the Supreme Court laid down binding requirements to prevent custodial torture. Their main points are:

1. Police personnel making the arrest or interrogating must carry accurate, visible name tags with designation, and their particulars should be recorded in a register.
2. A memo of arrest must be prepared at the time of arrest, attested by at least one witness, and countersigned by the arrested person, with the time and date.
3. The arrested person is entitled to have one friend or relative informed as soon as practicable.
4. If the relative lives outside the district, the time and place of arrest and place of custody must be notified within 8 to 12 hours through the legal aid organisation and the local police station.
5. The arrested person must be told of this right as soon as he is arrested.
6. An entry in the diary must record the arrest, the name of the person informed and the names of the officials in whose custody the arrestee is.
7. On request, the arrestee should be examined at the time of arrest and any injuries recorded in an inspection memo, signed by both, with a copy given to the arrestee.
8. The arrestee should undergo a medical examination every 48 hours in custody by a doctor on the approved panel.
9. Copies of all documents, including the arrest memo, should be sent to the Magistrate.
10. The arrestee may meet his lawyer during interrogation, though not throughout.
11. A police control room at the district and state level must receive information about the arrest and place of custody within 12 hours and display it on a notice board.

The Court also said that failure to follow these requirements can lead to departmental action and contempt of court. Parts of these guidelines are now reflected in BNSS Sections 36 to 38, 47, 48 and 53.

Special Protections: Women and Handcuffing

Arrest of women

• Under Section 43 BNSS, a woman should not be arrested between sunset and sunrise except in exceptional circumstances. In that case, the woman police officer must make a written report and get prior permission of the Judicial Magistrate of First Class.
• If a woman arrested is medically examined, it must be by or under the supervision of a female medical officer.

Handcuffing

Section 46 BNSS says that no person shall be subjected to more restraint than is necessary to prevent escape. In Prem Shankar Shukla v. Delhi Administration (1980), the Supreme Court held that routine handcuffing is inhuman and unreasonable. Section 43(3) allows handcuffs only in specified situations, such as repeat offenders, escape from custody, or certain serious offences, and not for every accused.

Production Before the Magistrate

• You must be produced before a Magistrate within 24 hours (Article 22(2); Section 58 BNSS). Weekends and holidays do not extend this limit.
• The Magistrate should not order custody mechanically. He or she must check whether the arrest followed the law and whether detention is really needed. This is the right time to raise any ill-treatment or non-compliance.
• Police custody is limited to a maximum of 15 days in total (Section 187 BNSS), though the new law allows these days to be used in parts during the first 40 or 60 days. After that, the accused is sent to judicial custody.
• If the investigation is not completed in time, the accused gets default bail. Read our post on bail for deadlines of 60 and 90 days.

If you cannot afford a lawyer, you can get one free of cost. See our guide on free legal aid in India.

Right to Silence and Confessions

• Article 20(3) protects you from being forced to give evidence against yourself. You can stay silent, and your lawyer can advise you what to say.
• Under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (earlier Sections 25 and 26 of the Evidence Act), a confession made to a police officer cannot be proved against the accused. A confession made while in police custody is not admissible unless it is made in the immediate presence of a Magistrate. Some information that leads to the discovery of a fact can still be used.
• A statement recorded voluntarily by a Magistrate (Section 183 BNSS) is treated differently, so never agree to it under pressure, and speak to your lawyer first.
• Physical or mental torture to obtain a statement is illegal.

If Your Rights Are Violated

1. Tell the Magistrate at the first production. Ask the court to record your complaint and to order a medical examination if you were hurt.
2. Apply for release through your lawyer on the ground of illegal arrest, such as non-supply of grounds or breach of the 24-hour rule.
3. Habeas corpus petition before the High Court (Article 226) or the Supreme Court (Article 32) for illegal detention.
4. Complaint to the authorities: the Superintendent of Police, the State Human Rights Commission or the National Human Rights Commission.
5. Compensation: The Supreme Court in Nilabati Behera v. State of Orissa (1993) and D.K. Basu allowed monetary compensation as a public law remedy for custodial violations.
6. Action against the officers: a criminal complaint or departmental action in serious cases.

Checklist for the Family

If someone in your family is arrested, do this:

• ✔ Note the police station, the officer's name and rank, and the time of arrest
• ✔ Ask for the written grounds of arrest and a copy of the arrest memo
• ✔ Call a lawyer, or the free legal aid helpline 15100
• ✔ Do not pay anyone money for "release" and do not sign blank papers
• ✔ Reach the Magistrate's court when the person is produced (within 24 hours)
• ✔ Keep ID, address proof and a surety ready for bail
• ✔ If there are injuries, ask for a medical examination and keep a copy

Landmark Supreme Court Judgments

• Prem Shankar Shukla v. Delhi Administration (1980): Handcuffing is prima facie inhuman and unreasonable, and allowed only in exceptional cases with reasons.
• Nilabati Behera v. State of Orissa (1993): Compensation is available as a public law remedy for custodial death and violations of Article 21.
• Joginder Kumar v. State of Uttar Pradesh (1994): Arrest is not a matter of routine. Police need reasonable justification, and the arrested person has the right to have someone informed.
• D.K. Basu v. State of West Bengal (1997): Binding guidelines to prevent custodial torture and ensure transparent arrests.
• Arnesh Kumar v. State of Bihar (2014): Police must not arrest automatically in offences punishable up to 7 years, and Magistrates must not authorise detention mechanically.
• Written grounds of arrest: Pankaj Bansal (2023), Prabir Purkayastha (2024), Vihaan Kumar (2025), Mihir Rajesh Shah (2025) and the 2026 ruling in Jaskaran Jeet Singh Deol, discussed above.

Frequently Asked Questions

Can police arrest me without a warrant?

Yes, for cognizable offences in the situations listed in Section 35 BNSS. But for offences punishable up to 7 years, arrest is not automatic, and police must follow the necessity conditions or issue a notice of appearance.

Can my lawyer sit with me during interrogation?

You have the right to meet your advocate during interrogation (Section 38 BNSS), but the advocate does not have the right to be present throughout the questioning.

Can the police keep me in the lock-up for more than 24 hours?

No. After 24 hours, excluding travel time, the police must produce you before a Magistrate, who decides whether you can be held further.

Do I have to sign the arrest memo?

The law requires your countersignature on the memo, so read it carefully. If any detail is wrong, such as the time or place, ask for it to be corrected and inform your lawyer. Never sign a blank or unread paper.

Can I be arrested for not repaying a loan?

A purely civil debt is not a crime, and arrest needs an offence. But some money matters can be offences, such as a bounced cheque under Section 138 or cheating.

What if police call it "detention" or "questioning" instead of arrest?

In law, restraining your liberty can amount to arrest even if the police use another word. Note the time you were taken, tell a family member, and inform your lawyer so that the 24-hour rule can be checked.

Conclusion

An arrest can happen to anyone, and the safest protection is knowledge. Remember the key points: grounds of arrest in writing, a signed arrest memo, someone informed, a lawyer, a medical check-up, the Magistrate within 24 hours, and the right to remain silent. Share this guide with your family so that they know what to ask for on the day it matters.

Official Sources for Reference

• Constitution of India, BNSS, 2023 and Bharatiya Sakshya Adhiniyam, 2023: India Code
• Judgments: Supreme Court of India and Indian Kanoon
• Free legal aid: NALSA (helpline 15100)
• Human rights complaints: NHRC

Last updated: October 3, 2026

Disclaimer: This article is for general educational purposes only and is not legal advice. The law on grounds of arrest is developing, and procedures differ by state and case. If you or someone you know is arrested, please contact a qualified advocate immediately. Read our full Legal Disclaimer.