Rights After Arrest in India: What You Can Demand the Moment It Happens

Being arrested does not strip you of your rights. Three protections apply from the moment of custody — and all three are enforceable, not optional.

Can you tell someone you’ve been arrested?

Yes. Every arrested person has the right to have at least one person — a family member or a friend — informed of the arrest and the place of detention without delay. This is not a favour the police grant; it is a statutory right under the BNSS (Bharatiya Nagarik Suraksha Sanhita, which replaced the CrPC in July 2024). If you are the person being arrested, name someone immediately. If you are a family member, demand this information from the arresting officer.

Is a medical examination mandatory after arrest?

Yes. An arrested person must be medically examined within 24 hours of being taken into custody. The examination documents the person’s physical condition — any injuries, marks, or existing health issues — at the time of arrest. This record matters: it is the primary protection against custodial abuse being disguised as a pre-existing condition. If the examination is not offered, the arrested person or their lawyer should formally request it and document that request.

What is the 24-hour magistrate production rule?

An arrested person must be produced before a magistrate within 24 hours of arrest. This is guaranteed by Article 22(2) of the Constitution of India — it is not subject to police convenience, workload, or discretion. Beyond 24 hours without production before a magistrate is unlawful detention. If this deadline is missed, a lawyer can approach the relevant court immediately.

Note on the law: The BNSS (2023) governs criminal procedure in India from July 2024 onward, replacing the CrPC. The rights described above existed under the CrPC and are preserved and reflected in the BNSS. For the specific section numbers applicable to your exact situation, confirm with a lawyer — the section numbering changed significantly in the transition.

If someone you know has been arrested and these rights are not being respected, connect with a vetted bail lawyer through Rihai — we match families to lawyers who handle bail and custodial matters.