11 Rights Covered
Right to know the reason for arrest
Police MUST inform you of the grounds of arrest at the time of arrest. BNSS Section 47; Constitution Article 22(1). Arrest without stating reason is illegal.
Right to consult a lawyer of your choice
You have the right to consult and be defended by a legal practitioner of your choice immediately on arrest. Constitution Article 22(1). Denial of this right renders arrest unlawful.
Right to be produced before a Magistrate within 24 hours
You cannot be detained beyond 24 hours without being produced before a Magistrate. Constitution Article 22(2); BNSS Section 57. This 24 hours excludes travel time to the court.
Right to inform a family member or friend of arrest
The arrested person can nominate one person who must be informed of the arrest immediately. BNSS Section 49. Police must record this in the arrest memo.
Right to free legal aid
If you cannot afford a lawyer, the state must provide one free of cost. Legal Services Authorities Act 1987; BNSS Section 304. Applies even for the most serious offences.
Right against self-incrimination
You cannot be compelled to be a witness against yourself. Constitution Article 20(3). You may remain silent. Silence cannot be used as evidence of guilt against you.
Right to bail in bailable offences
For bailable offences, bail is a matter of right and police cannot refuse it. BNSS Section 478. Pay surety and get bail. No discretion to deny.
Right against double jeopardy
You cannot be prosecuted and punished more than once for the same offence. Constitution Article 20(2). Acquittal is a complete bar to retrial for the same offence.
Right against illegal police custody beyond 15 days
Magistrate can authorise police custody only for 15 days. BNSS Section 187. Judicial custody period (60-90 days) is separate. Beyond these periods, default bail applies.
Right to a free copy of the FIR
You or your family have a right to obtain a free copy of the FIR once registered. BNSS Section 173(2). If FIR is denied, approach Magistrate under BNSS Section 175.
Right to medical examination
On request, you are entitled to a medical examination at the time of arrest to document any injuries. BNSS Section 52. This protects against false claims of custody violence.