Rights of an Arrested Person in India under BNSS and Article 22

An arrested person in India has the right to be told the grounds of arrest, to have a relative or friend informed, to meet a lawyer during interrogation, to a medical examination, and to be produced before a Magistrate within 24 hours. These rights come from Article 22 of the Constitution and Sections 35 to 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Free legal aid is available to every person in custody.

Before arrest: notice of appearance and other limits

Section 35 BNSS (old Section 41 CrPC) lists when police may arrest without a warrant. Arrest is not automatic. Where arrest is not required under Section 35(1), Section 35(3) requires the police to issue a notice of appearance, asking the person to appear before them. If the person complies with the notice and continues to comply, they are generally not to be arrested unless the officer records reasons. Our guide on Section 35 BNSS (old Section 41A) explains this in detail.

Section 35(7) adds a new safeguard: for an offence punishable with less than three years, a person who is infirm or above 60 years of age cannot be arrested without prior permission of an officer not below the rank of Deputy Superintendent of Police.

Your rights at the time of arrest

1. Know why you are arrested (Section 47; Article 22(1)). The police must tell you the full particulars of the offence or the grounds of arrest. If the offence is bailable, they must also tell you that you are entitled to be released on bail and can arrange sureties.
2. Arrest memo (Section 36). The arresting officer must carry clear identification showing name, prepare an arrest memo attested by at least one witness (a family member or a respectable local person), and get it countersigned by the arrested person.
3. Information to a relative or friend (Section 48). The police must inform a relative, friend or a person you nominate about the arrest and where you are held, and record this in a register.
4. Women’s arrest (Section 43(5)). No woman is to be arrested after sunset and before sunrise except in exceptional circumstances. Even then, a woman police officer must make a written report and obtain prior permission of the Judicial Magistrate of the First Class.
5. Consult a lawyer (Section 38; Article 22(1)). You may meet an advocate of your choice during interrogation, though not throughout the interrogation.

Rights in custody

• Medical examination (Section 53). The arrested person is to be examined by a medical officer, and the report records any injuries. This protects both the person and honest police officers.
• 24-hour rule (Section 58; Article 22(2)). The police cannot detain you beyond 24 hours without producing you before a Magistrate, excluding the time for the journey. Beyond that, custody needs a Magistrate’s order.
• D.K. Basu safeguards. In D.K. Basu v. State of West Bengal (1997), the Supreme Court laid down guidelines against custodial violence: identification of arresting officers, arrest memos, informing relatives, medical checks and access to a lawyer. Most are now built into the BNSS.
• Free legal aid. Under Section 12 of the Legal Services Authorities Act, 1987, a person in custody is entitled to free legal services. Ask the Magistrate for a legal aid lawyer at the first production, or call the NALSA helpline 15100.

Bail basics

For a bailable offence, bail is a right and police or the court must release you on furnishing bail or bond. For a non-bailable offence, bail is at the court’s discretion. If you fear arrest, you can apply for anticipatory bail under Section 482 BNSS. For the sections and procedure, read our guides on bail sections in BNSS and anticipatory bail under Section 482 BNSS.

What the family should do

1. Find out which police station is holding the person and the FIR number and sections.
2. Ask for a copy of the arrest memo, or at least see it and note its contents.
3. Arrange a lawyer at once. If money is a problem, contact the District Legal Services Authority or call 15100.
4. Collect documents for bail: ID and address proof of the accused, surety’s ID, property or salary proof of the surety.
5. Be present at the Magistrate’s court when the person is produced, usually within 24 hours.
6. Note any injuries or complaints of mistreatment and tell the Magistrate at production. Ask for medical examination to be recorded.

Example: Sunil from Varanasi is picked up late at night in a cheating case. His wife reaches the police station, notes the FIR number, and confirms an arrest memo was signed. A legal aid lawyer meets Sunil before production. The next morning, the Magistrate hears the bail application.

Frequently asked questions

How long can police keep me without a Magistrate’s order?

Not beyond 24 hours, excluding journey time to the Magistrate (Section 58 BNSS, Article 22(2)).

Can I call a lawyer during questioning?

You can meet an advocate of your choice during interrogation, though not throughout it (Section 38 BNSS).

Can a woman be arrested at night?

Only in exceptional circumstances, by a woman police officer, with prior permission of the Judicial Magistrate of the First Class (Section 43(5) BNSS).

What is a notice of appearance?

Where arrest is not required, police issue a notice under Section 35(3) BNSS asking you to appear. Complying with it generally protects you from arrest.

Is legal aid really free for an arrested person?

Yes. Persons in custody are eligible under Section 12 of the Legal Services Authorities Act, 1987, regardless of income.

Quick quiz

Learn arrest, bail and FIR rights end to end in the Everyday Law for Every Indian course (₹349). For a detailed study of the BNSS itself, see New Criminal Laws: BNS, BNSS and BSA (₹499). These are certificates of completion, not a licence to practise law.

Sources

• Constitution of India: Article 22(1) and 22(2)
• Bharatiya Nagarik Suraksha Sanhita, 2023: Sections 35, 36, 38, 43(5), 47, 48, 53, 58, 482
• D.K. Basu v. State of West Bengal, Supreme Court, 1997
• Legal Services Authorities Act, 1987: Section 12

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.