- June 07, 2025
- 01
- 01
In India, the Constitution and different criminal laws offer unequivocal rights to those arrested or questioned by the police. These are more than legal technicalities — they are fundamental protections to ensure human dignity, avoid abuse of power, and guarantee a fair trial.
As Advocate Noor Yaqoob Shaikh, I have consistently represented individuals in bail matters, illegal arrest cases, and custodial abuse across JMFC, Sessions, and High Courts. This article aims to make you aware of your legal rights when arrested or interrogated — and why getting legal help early can be a turning point.
In India, the Constitution and different criminal laws offer unequivocal rights to those arrested or questioned by the police. These are more than legal technicalities — they are fundamental protections to ensure human dignity, avoid abuse of power, and guarantee a fair trial.
As Advocate Noor Yaqoob Shaikh, I have consistently represented individuals in bail matters, illegal arrest cases, and custodial abuse across JMFC, Sessions, and High Courts. This article aims to make you aware of your legal rights when arrested or interrogated — and why getting legal help early can be a turning point.
Constitutional & Legal Foundations
The Indian Constitution, particularly Articles 20, 21, and 22, and the provisions of the Code of
Criminal Procedure (CrPC), are the pillars of the rights of an accused individual.
What Happens During an Arrest?
Arrest is the act of taking an individual into custody on suspicion of being involved in a crime.
An arrest must follow legal procedures and cannot be arbitrary or excessive.
When someone is arrested, the accused person has certain rights which every citizen must know:
Important Rights of the Accused
1.Right to Be Informed of the Grounds for Arrest
- (Article 22(1) & Section 50 CrPC)
The arresting officer must inform the person of the reason for arrest and the charges
against them. Arrest without disclosure is illegal.
2.Right to Legal Representation
- (Article 22(1))
Every arrested person has the right to consult and be defended by a legal practitioner of their choice, even during interrogation.
Tip: Insist on contacting your lawyer before making any statements to the police.
3.Right to be Produced Before a Magistrate Within 24 Hours
- (Article 22(2) & Section 57 CrPC)
The police are required to produce the accused before a magistrate within 24 hours of
arrest, excluding travel time.
Not doing so constitutes illegal detention, and the victim can seek compensation or a writ
of habeas corpus.
4. Right Against Self-Incrimination
- (Article 20(3))
No suspect person shall be compelled to confess or give evidence against themselves.
This right is to guarantee against coerced confessions or torture.
5. Right to Keep Silent While Being Interrogated
The suspect does not have to respond to all questions posed by the police, particularly
those leading to incrimination by themselves. Choosing to remain silent does not imply
guilt.
6. Right to Free Legal Assistance
- (Section 304 CrPC & Legal Services Authorities Act)
If the accused has no money to hire a lawyer, the court has to appoint an advocate under legal aid at no expense.
I, Advocate Noor Yaqoob Shaikh, routinely represent underprivileged and wrongly accused individuals through court-appointed legal aid and free legal assistance — ensuring that no one is left without a voice due to lack of funds.
7. Right to Medical Examination
- (Section 54 CrPC)
The accused is entitled to a medical examination after arrest to document any injuries.
This prevents custodial violence and torture.
8. Right to Inform a Relative/Friend
- (DK Basu vs State of West Bengal, 1997)
The police must allow the accused an opportunity to communicate with a relative or
friend.
9. Right to be Treated with Dignity
Even at the time of arrest or interrogation, the accused shall be treated respectfully and cannot be subjected to physical or mental cruelty.
Women have to be arrested and interrogated only by women officers and may not be arrested between sunset and sunrise (Section 46 CrPC).
Supreme Court Directives: DK Basu Case (1997)
The Supreme Court gave crucial guidelines to be adopted at every arrest:
- Police officers must wear clear identification and nameplates.
- Arrest memo should be signed by the accused as well as a witness.
- Time, date, and location of arrest should be noted.
- Police should keep a diary of all proceedings.
- Copies of arrest papers must be forwarded to the magistrate.
Interrogation Rights vs Custody Abuse
Numerous custodial fatalities and unlawful detentions occur due to ignorance of rights. While interrogating, the police can:
- Attempt to elicit confessions
- Mentally harass or threaten the accused
- Provide illicit offers for cooperation
Important: Any confession obtained under duress or without a magistrate’s presence is inadmissible as evidence in a court of law according to Section 25 of the Indian Evidence Act.
What to Do If You Get Arrested
- Request the reason for the arrest
- Demand to speak with a lawyer immediately
- Request medical examination if hurt
- Inform a trusted person about your arrest
- Do not sign any statement without understanding it
- Contact a defense lawyer for bail or anticipatory bail
Conclusion
Being arrested can be daunting, but awareness of your rights can turn the tables. The Constitution insulates every person from unlawful detention, coerced confession, and custodial violence. If you, or a friend or relative you know, is about to be arrested or interrogated, don’t wait— consult an experienced criminal defense lawyer immediately.
As Advocate Noor Yaqoob Shaikh, I believe that justice starts with knowledge — and action. If you or someone you know is about to be arrested or is already in custody, don’t wait. Reach out for legal protection immediately. Your rights matter — and I’m here to defend them.