By Advocate Ajay Malik | Supreme Court, Delhi High Court & District Courts
The sight of a police jeep outside your house is enough to cause panic. Unfortunately, a lack of legal awareness often leads to citizens facing illegal detention, harassment, and even custodial violence.
As a criminal defense lawyer, I always tell my clients: Knowledge of the law is your greatest armor. The Supreme Court of India and the new Bharatiya Nagarik Suraksha Sanhita (BNSS) have laid down strict rules that the police must follow.
Here are your three absolute rights during an arrest.
1. The Arrest Memo (Section 46 BNSS)
The police cannot simply grab you, push you into a jeep, and drive away. That is kidnapping, not a legal arrest.
Under Section 46 of the BNSS (formerly Section 41B CrPC), the arresting officer is legally bound to prepare a document called the “Arrest Memo” right at the spot of the arrest.
- What it contains: The date, the exact time of arrest, and the specific offense for which you are being arrested.
- The Witness: It must be attested (signed) by at least one witness—preferably a family member or a respectable person from your locality. You must also countersign this memo.
2. Right to Inform Relatives (Section 47 BNSS)
“Secret arrests” are strictly prohibited in India. Under Section 47 of the BNSS, as soon as you are brought to the police station, you have the fundamental right to inform a relative, a friend, or your Advocate about your arrest and the location where you are being held.
The police officer must enter the details of the person informed in a register maintained at the police station.
If a loved one has been detained, time is of the essence. Visit our Criminal Defense Page to learn how to secure bail.
3. The Medical Examination (Section 53 BNSS)
This is perhaps your most critical shield against police brutality. Under Section 53 of the BNSS, you have the right to be examined by a registered medical practitioner soon after the arrest.
Why is this important? The doctor will record any major or minor injuries present on your body before you are put in the lock-up. If the police try to use “third-degree” methods or physical force to extract a confession, this medical report serves as undeniable proof against them in court, leading to the suspension of the officers involved. Always explicitly demand your medical examination!
Remember, an arrest is not a conviction. Stay calm, do not argue physically, and invoke your rights.
Legal Assistance & Bail Services
Advocate Ajay Malik
(Supreme Court, Delhi High Court & District Courts)
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