Arrested in India? Your Rights in the First 24 Hours (Part-I)

Know your legal rights during arrest in India under BNSS 2023 — from the first police call to magistrate production within 24 hours.

Arrested in India? Here’s Exactly What the Law Guarantees in the First 24 Hours

Most people who get a call from the police don’t know whether they have to go, what to say, or what happens next. That uncertainty is where rights get violated — quietly, and often without anyone realising it. This is a plain-language breakdown of your legal rights during the **first 24 hours of arrest in India**, updated for the **Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023**, which replaced the old Code of Criminal Procedure (CrPC) effective July 2024.

Part 1: When Police Call You — Notice of Appearance Under BNSS 2023

Before an arrest even happens, there’s a critical step most people skip over entirely.

A Phone Call Is Not a Summons

An informal call from a police officer carries no legal obligation. You are not required to show up simply because someone in uniform phoned you. What you can do — and should — is calmly ask for a formal, written notice.

Section 35(3) BNSS: Notice Is the Rule, Arrest Is the Exception

For any offence punishable by up to 7 years of imprisonment, Section 35(3) of the BNSS legally mandates that police issue a Notice of Appearance before making an arrest, unless immediate arrest is strictly necessary under the law. This replaced the old Section 41A of the CrPC and strengthens the same protection.

Key points:

– **Cognizable offences** (serious crimes where police can arrest without a warrant) still fall under this protection if the punishment is under 7 years. – **Non-cognizable offences** (minor crimes): police cannot arrest you without a warrant or a Magistrate’s order — full stop. – **WhatsApp doesn’t count.** The Supreme Court ruled in *Satender Kumar Antil v. CBI* that a Section 35(3) notice must be physically and formally served to be legally valid. Electronic or informal delivery is not acceptable.

Special Protection for Vulnerable Citizens

Under Section 35(7) BNSS, if the offence carries a sentence of less than 3 years, police cannot arrest anyone above 60 years of age or who is physically infirm without prior written permission from an officer of at least Deputy Superintendent of Police (DySP) rank.

If You Are Arrested — Your Rights Under Section 46 BNSS and the D.K. Basu Guidelines

If police do proceed to arrest, a legally specific set of steps must follow. These are codified under Section 46 of the BNSS and the landmark Supreme Court ruling in D.K. Basu v. State of West Bengal (1997), which remains binding precedent.

Right 1: Know Who Is Arresting You

Arresting officers must wear visible identification — name and designation clearly displayed. You have the right to know who is taking you into custody.

Right 2: Be Told the Grounds of Arrest

Under Article 22(1) of the Constitution and Section 46(1) BNSS, the police must immediately tell you why you are being arrested, in a language you understand. If there is a warrant, they must show it to you.

Right 3: The Arrest Memo

At the moment of arrest, an **Arrest Memorandum** must be prepared on the spot. It must include: – Exact date, time, and location of arrest – Signature of at least one independent witness (a family member or a local resident) – Your own countersignature – A copy handed to you If no arrest memo is prepared, or you are not given a copy, that is a violation of the law.

Right 4: Your Family Must Be Informed

**Section 46A BNSS** requires police to notify a family member, relative, or friend of your choice about your arrest and place of detention. If your family is outside the district, local legal aid must be used to notify them — and this must happen within **8 to 12 hours**.

Right 5: A Medical Examination

Under **Section 54 BNSS**, you are entitled to a physical examination by a medical practitioner at the time of arrest to document any pre-existing injuries. This Inspection Memo must be signed by both you and the arresting officer. You are also entitled to a medical exam **every 48 hours** while in custody.

Right 6: Access to a Lawyer

Article 22(1) of the Constitution and Section 46(4) BNSS guarantee your right to consult and be represented by a lawyer of your choice. You can meet your advocate during the process, though not continuously throughout interrogation.

Right 7: Production Before a Magistrate Within 24 Hours

This is non-negotiable. Under Article 22(2) of the Constitution and Section 57 BNSS, the police cannot detain you for more than 24 hours (excluding travel time) without producing you before a Judicial Magistrate. This single rule is one of the most important safeguards against illegal detention.

## Quick Reference: Old Law vs. New Law | Your Right | Old CrPC Section | New BNSS Section | |—|—|—| | Notice of Appearance | 41A | 35(3) | | Arrest Memo | 41B | 46 | | Informing Family | 50A | 46A | | Magistrate Production (24 hrs) | 57 | 57 |

What to Do If These Rights Are Violated

If police fail to follow any of these steps, it doesn’t automatically void the arrest — but it does give you and your lawyer grounds to challenge the legality of the detention. Document everything you can remember as soon as possible: names, times, what was said, who was present.

Contact a lawyer immediately. If you cannot afford one, you are entitled to free legal aid under the Legal Services Authorities Act.

The Bottom Line

The first 24 hours of arrest are the most legally consequential — and the most commonly misunderstood. You have enforceable rights at every step, from the first phone call to the moment you appear before a magistrate.

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