The Constitution and laws guarantee a * is a suspect or a habitual offender consult a lawyer during interrogation the arrest.

number of rights to citizens, even when and needs to be bound down for also but not throughout the —(S.C. judgement D.K.Basu v.
they are arrested in criminal cases. It good behaviour. interrogation period. State of West Bengal)
is impor tant for you to know the —(Art.22(1), Constitution; S.C. judgement * Every arrested person has the right
circumstances under which you can be Arrest and Detention- Your D.K.Basu v. State of West Bengal)
to be medically examined after
arrested and what your rights during Rights and Police Duties * not to be ill-treated, abused or every 48 hours during his detention
and after arrest are. tortured while in custody during in custody by a qualified and
Every arrested person has a right:
interrogation and investigation. government-approved doctor.
* to be informed of the grounds of
Who can make an Arrest? arrest by the police. The police
* not to be subjected to more restraint —(S.C. judgement D.K.Basu v.
* A police officer may arrest a person
than what is necessary to prevent State of West Bengal)
should also inform the arrested
either with or without a warrant his escape. —(Sec.49, Cr.P.C)
person of this right.
depending on the nature and gravity —(Art. 22 (1), Constitution; Sec. 50, Cr.P.C.)
Additional Duties of the Police
of the offence. A police officer making an arrest is entitled —(S.C. judgement D.K.Basu v.
* to be released on bail when arrested to search the arrested person and place State of West Bengal)
* Even a private person can arrest
for a bailable offence. It is the duty in safe custody all the articles seized * The police officer carrying out the
another person who in his presence of the police officer to inform him of arrest must bear accurate, visible
commits a non-bailable, cognizable from him. A receipt of such articles must
his right to be released on bail. be given to the arrested person. and clear identification in the form
offence or is a proclaimed offender —(Sec. 50, Cr.P.C) of nametag with designation.
and then hand him over to the —(Sec.51, Cr.P.C)
police. —(Sec 43, Cr.P.C.)
* to be produced before the nearest
competent Right to Medical Examination
magistrate Special Rights of Women
Who can be arrested without * Every accused person can demand
within 24 * Females can be searched by
a warrant by the police? a medical exam-
hours from the ination of his body only another female with strict
Any person who: time of his regard to privacy and decency.
* has been involved in a cognizable
by a registered
arrest. This medical practi- —(Sec.51, Cr.P.C)
offence or is suspected to be so period excludes the time taken in
involved or against whom a tioner to disprove * Female suspects must be kept
journey. the commission
complaint has been received of in a separate lock-up in the
—(Art.22(2), Constitution Sec; 57& 76,
such involvement; of the offence police station. They should not
Cr. P.C)
* possesses any implement of house-
alleged against be kept where male suspects
* to inform his relative or friend about him. It is the duty
breaking without valid excuse; are detained.
his arrest and the place of detention. of the Magistrate to inform him of —(S.C. judgement Sheela Barse v.
* has been declared a proclaimed
It is the duty of the police to inform this right. —(Sec.54, Cr.P.C) State of Maharashtra)
offender under law; the arrested person of this right and
* is in possession of stolen property; * At the time of examination, the * When a female is arrested for
also inform his relatives or friend
* obstructs a police officer in carrying injuries found on the body should be a non-bailable offence, even if
about his arrest and detention.
out his/her duty; —(S.C. judgement D.K.Basu v.
recorded. It is necessary to prepare the offence is very serious
* has escaped or attempts to escape State of West Bengal) an Inspection Memo after the (punishable by death penalty
from lawful custody; examination is over and this Memo even), the court can release her
* to meet and consult a lawyer of his
* is suspected of being a deserter should be signed by the arrested on bail. —(Sec.437, Cr. P.C)
choice. The arrested person can
from any of the Armed Forces; and person and the police officer making
* The police must record in a register begins from the time of his arrest only. About CHRI
the identity of all police officials who If he is not aware of this right it is the
The Commonwealth Human Rights
conduct the interrogation of the duty of the Magistrate to inform him
Initiative (CHRI) is an international,
Police and You
arrested person. about this right when he is first
independent non-profit organisation Know Your Rights
* The police officer carrying out the produced in court.
—(S.C. judgement Khatri &Others v. State of
headquartered in India. Its objectives are
arrest must prepare a Memo of Arrest
Bihar and others). to promote the practical realisation of
that should be signed either by a human rights in the Commonwealth.
relative or friend of the arrested * It is the duty of the police to
CHRI educates on human rights issues
person or a respectable person of the immediately inform the nearest legal and advocates for greater adherence to
locality and be countersigned by the aid committee about the arrest of human rights standards.
arrested person. This Memo must an accused seeking legal aid.
have the date and time of arrest. —(S.C. judgement Sheela Barse v. Presently it is working in the following
State of Maharashtra) areas:
* Copies of all the documents should
be sent to the local area Magistrate J Police Reforms
for record. Resistance to Arrest
* Never resist arrest forcibly. J Prison Reforms
* Details of every arrest and the place J Human Rights Commissions
* The police officer or other person
of detention of the arrested persons J Right to Information
should be given to the State and making the arrest is empowered to
J Human Rights Advocacy
District Police Control Room within 12 use all means necessary to effect
J Constitutionalism
hours of the arrest. This information arrest, including use of force.
J Biennial Report to the Commonwealth
—(Sec. 46. Cr.P.C).
should be displayed clearly on the heads of Government meeting on
notice board of the Control Room. * Do not refuse to give your name and Human Rights Issues.
* The police officer making the arrest address or give false name or
should not hand cuff any person address to the police. You can be
routinely. The arrested person should arrested by the police officer for
not be handcuffed except where, doing so. —(Sec.42. Cr.P.C).
- there is a clear danger of his
escape or attempt to escape; Redress against arbitrary
- he is so violent that he cannot be arrest and detention:
kept in custody unless his If any person has been arrested and
movement is stopped. detained illegally or wishes to make a
complaint against any wrongful act by
Right to Legal Aid and Advice the police, he can complain to the: Commonwealth Human Rights Initiative
N-8, Second Floor, Green Park (Main)
* Superintendent of Police of that
* Every poor New Delhi-110016, India
accused is district and other senior police Phone : 91-11-2686 4678, 2685 0523, 2652 8152
entitled to be officers; Fax : 91-11-2686 4688
* court; and E-mail : [email protected]
provided with Website : http://www.humanrightsinitiative.org
* State Human Rights Commission/
free legal aid.
This right National Human Rights Commission
Prepared by : K.V. Anuradha