Know Your Rights: Legal Essentials for Citizens 

An arrest is a crucial aspect of the legal system that every citizen should understand. It empowers individuals and future law aspirants, providing insight into constitutional safeguards and criminal procedures. This guide demystifies the process, outlining essential legal basis for those arrested. While specifics may vary based on the offense and jurisdiction, fundamental rights and procedures remain constant. 

 

 The students of undergraduate programmes at the Presidency School of Law are trained to understand and uphold these very principles that ensure justice and due process. 

 

1. 1. The Moment of Arrest: What to Expect

An arrest typically occurs when a police officer takes a person into custody. This can happen in various circumstances: 

• With a Warrant: A warrant is a legal document issued by a judge, authorizing the arrest of a specific person for a specified crime. If a police officer presents an arrest warrant, you should generally comply, though you have the right to inspect it. 
• Without a Warrant (Cognizable Offence): In India, police can arrest without a warrant if the offense is "cognizable," meaning a serious offense for which the police can register an FIR (First Information Report) without a magistrate's order. Examples include murder, rape, robbery, etc. The police must have a reasonable suspicion that you have committed such an offense. 
• During a Crime: If you are caught in the act of committing an offense, police can arrest you immediately. 

Your Immediate Actions: 

• Stay Calm: While challenging, maintaining composure is crucial. Panicking can lead to misunderstandings or actions that could be misinterpreted. 
• Do Not Resist Arrest: Physically resisting a lawful arrest can lead to additional charges, even if you are ultimately innocent of the initial alleged crime. Comply with the officer's instructions, but do not volunteer information. 
• Ask for the Reason for Arrest: You have the right to know why you are being arrested. The officer should inform you of the specific charges or the reason for taking you into custody. Under Indian law (Bharatiya Nagarik Suraksha Sanhita (BNSS), the person arrested must be informed of the grounds of arrest. 

 

2. 2. The Right to Remain Silent and the Right to Legal Counsel

These are perhaps the most vital rights a citizen possesses upon arrest. Often referred to as "Miranda rights" in the US context, similar principles are enshrined in Indian law and judicial pronouncements. 

• Right to Remain Silent (Right Against Self-Incrimination): You are not obligated to answer any questions posed by the police, except for providing your name and address. Anything you say can and may be used against you in court. It is almost always advisable to exercise this right and wait for legal counsel before making any statements. Don't engage in arguments or try to explain your situation without your lawyer present. 
• Right to Legal Counsel (Right to an Advocate): You have the fundamental right to consult with and be represented by a lawyer of your choice. If you cannot afford a lawyer, the state is generally obligated to provide one (legal aid). You should assert this right clearly: "I wish to speak to my lawyer," or "I will not answer any questions without my lawyer present." In India, Article 22(1) of the Constitution guarantees this right. 

These rights are taught at Presidency School of Law as the cornerstones of legal literacy, reaffirming that having access to legal representation is a constitutionally guaranteed right rather than a privilege. 

 

3. 3. Custody and Detention: What Happens Next?

Once arrested, you will be taken to a police station. There are strict legal limits on how long you can be held without being presented before a magistrate. 

• Medical Examination: In India, if a person is arrested, they have the right to a medical examination by a registered medical practitioner (Section 51 &52 of Bharatiya Nagarik Suraksha Sanhita). This can be crucial evidence later if there are claims of police brutality or injuries sustained during arrest. 
• Inform a Relative or Friend: You have the right to inform a relative, friend, or any other person you choose about your arrest and where you are being held (Section 48, BNSS). The police are obligated to inform you of this right. 
• Presented Before a Magistrate within 24 Hours: This is a cornerstone of legal protection against arbitrary detention. According to Indian law (Article 22(2) of the Constitution and Section 58 of BNSS), an arrested person must be produced before the nearest Judicial Magistrate within 24 hours of arrest, excluding the time taken for the journey. This magistrate will then decide whether there is sufficient cause to remand you to further police custody or judicial custody, or to grant bail. 

These actions are essential to guarantee that arrests are not abused and that people have quick access to the court —a concept extensively explored by students at Presidency University’s law programmes. 

 

4. 4. Bail: Securing Temporary Release

Bail is the temporary release of an arrested person, on the condition that they will appear in court as required. 

• Bailable vs. Non-Bailable Offenses:  
• Bailable Offenses: For less serious offenses, bail is a right. The police can grant bail at the police station, or a magistrate can grant it. You typically need to furnish a bail bond (a sum of money or a guarantee) to ensure your appearance. 
• Non-Bailable Offenses: For serious offenses (like murder, rape), bail is not a right. You must apply to a court (Magistrate's Court, Sessions Court, or High Court) to request bail. The court will consider various factors, such as the severity of the offense, the likelihood of you absconding, and the potential for tampering with evidence, before deciding whether to grant bail. 
• Anticipatory Bail: In India, a person who apprehends arrest for a non-bailable offense can apply for anticipatory bail from a Sessions Court or High Court (Section 482, BNSS). If granted, it means that if they are arrested for that offense, they will be released on bail immediately. 

  

5. 5. What Not to Do if Arrested

• Do Not Make Statements: Beyond your identity, do not say anything without your lawyer present. Even seemingly innocent statements can be misconstrued or used against you. 
• Do Not Argue or Threaten Officers: This can escalate the situation and lead to further charges. 
• Do Not Lie: If you choose to speak, be truthful. However, the best advice is to remain silent until you have legal counsel. 
• Do Not Destroy Evidence: Tampering with or destroying evidence is a serious offense. 
• Do Not Assume Guilt: Being arrested does not mean you are guilty. You are presumed innocent until proven guilty beyond a reasonable doubt. 

 

Conclusion 

Understanding arrest procedures is crucial for citizens to protect their fundamental rights, including the right to know why, remain silent, have a lawyer, and be produced before a magistrate within 24 hours. This knowledge is essential for law aspirants and a just society, ensuring due process and individual liberties. 

 

Legal education at Presidency School of Law, at Presidency University, focuses on fostering a profound respect for human rights, constitutional values, and the systems that uphold them, rather than merely teaching statutes and case law. Students are prepared to not only comprehend the law but also to advocate for justice in the real world through their programmes and beyond. 

 

 

Written by  

Ms. Aakansha Verma 

Assistant Professor, PSOL