Legal Rights: What Are Your Rights When Arrested?

Are you aware of your basic rights when arrested? Ignorance about our legal rights can lead to victimization by the police or other law-enforcement officers. The first thing to do when arrested is to keep your calm and not panic; remember fair treatment and respect from the police is your legal right.

The police can arrest a person with or without an arrest warrant. An arrest warrant should be in the written form.  It should bear the sign of a magistrate or other authorized judiciary and the seal of the court.  It should also have the name, address and description of the offence committed by the accused. A warrant is either bailable or non-bailable.

Legal Rights: Know About Your Rights When Arrested

Here are a few fundamental rights that you are entitled to exercise when arrested:

• As per Article 22 and Sec.50 of the Code of Criminal Procedure, 1973 (Cr.P.C.), a person must be informed about the reason for his arrest.
• Under Sec.75 Cr.P.C., an accused has the right to see the warrant issued in his name.
• As per the provisions of Article 22 of the Constitution, a person has the right to get legal aid and consult a lawyer to defend himself.
• Article 22 of the Constitution provides that a person must be presented before a magistrate within 24 hours of his arrest.
• Under Sec.50 of Cr.P.C., a person shall be made aware whether he can be released on bail or not.
• An arrested person has the right to remain silent, because in the absence of his lawyer whatever he may say may be misinterpreted and used against him in the future.