Arrest and Your Rights Under the New Criminal Laws

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — in force from 1 July 2024 — restates the safeguards that apply the moment a person is arrested. Knowing them is the difference between a lawful arrest and an abuse of process.

1. You must be told why you are being arrested

Every person arrested must be informed of the grounds of arrest and of the right to bail where the offence is bailable (Section 47, BNSS; Article 22(1) of the Constitution).

2. You have the right to an advocate

An arrested person is entitled to consult and be defended by a legal practitioner of his choice (Article 22(1)), and Section 38 of the BNSS expressly gives an arrested person the right to meet an advocate of his choice during interrogation.

3. Production before a magistrate within 24 hours

No person arrested can be detained beyond 24 hours (excluding the time necessary for the journey) without being produced before a magistrate (Article 22(2); Section 58, BNSS).

4. Arrest is not the default

Section 35 of the BNSS requires the police to issue a notice of appearance instead of arresting, in cases where arrest is not warranted — recording reasons in writing where an arrest is still made. Unnecessary restraint, including handcuffing, is regulated (Section 43(3), BNSS).

5. Special protection for women

A woman cannot be arrested after sunset and before sunrise except in exceptional circumstances, and then only with the prior permission of a Judicial Magistrate — and the arrest must be made by a woman police officer (Section 46(4), BNSS).

6. The D.K. Basu safeguards

The Supreme Court's guidelines in D.K. Basu v. State of West Bengal continue to apply: preparation of an arrest memo attested by a witness, intimation of the arrest to a friend or relative nominated by the arrestee, and medical examination of the arrested person.

General information, not legal advice

This article is general legal information about the law as it stands. It is not legal advice for any specific matter — every case turns on its own facts. For advice about your own situation, please consult an advocate.

← All Legal Insights