What are your rights when arrested in a criminal case?
Under Section 58 of the BNSS, 2023, an arrested person must be informed of the grounds of arrest, entitled to consult a lawyer, and produced before a magistrate within 24 hours (excluding travel time). Police custody cannot exceed 15 days, after which judicial custody applies. The right to bail in bailable offences is absolute.
Legal Explanation
Arrest procedures under the BNSS include safeguards: the right to be informed of grounds, the right to a family member being informed, medical examination, and production before a magistrate. Remand beyond 15 days requires a judicial order. Illegal detention can be challenged through habeas corpus.
Procedure
- 1Exercise the right to know the grounds of arrest.
- 2Demand to consult a lawyer immediately.
- 3Ensure family member is informed of arrest and place of detention.
- 4Seek bail at the earliest opportunity.
- 5Challenge illegal detention before the High Court if required.
Jurisdiction
Magistrate Courts across UP; Allahabad High Court for writ remedies.
Important Limitations
Police custody is limited to 15 days; judicial custody extends beyond that.
Legal References
- BNSS, 2023 — Section 58 — Rights of arrested person
- BNSS, 2023 — Section 187 — Police custody
- Constitution of India — Article 22 — Protection against arrest