Being arrested can be an overwhelming experience, especially if you are unaware of your rights and responsibilities. Indian law provides procedural safeguards under the Constitution and the Criminal Procedure Code (CrPC) to ensure that arrests are conducted lawfully and humanely. This article provides a step-by-step guide on what to do if you are arrested, referencing the Arnesh Kumar vs. State of Bihar (2014) judgment and BNS/BNSS (Bail, Non-Bailable Offense, Summary Trial, and Sessions) principles.
Step 1: Understand the Nature of the Arrest
Under Indian law, arrests can either be with or without a warrant:
1. Arrest With a Warrant: Issued for specific crimes based on judicial authorization.
2. Arrest Without a Warrant: Permitted under Section 41 of the CrPC for cognizable offenses (e.g., theft, murder).
The Arnesh Kumar judgment emphasizes that arrests should not be mechanical and should follow the safeguards provided under Section 41A, which mandates issuing a notice to appear before arrest for offenses punishable with imprisonment of seven years or less.
Step 2: Know Your Rights
As an arrested person, you are entitled to several rights under the law:
1. Right to Be Informed (Article 22(1)):
The arresting officer must inform you of the grounds of arrest and the charges against you.
2. Right to Bail:
• For bailable offenses, you can secure bail as a matter of right.
• For non-bailable offenses, bail may be granted by the court based on the facts of the case.
3. Right to Legal Counsel (Article 22(1)):
You have the right to consult an advocate of your choice. If you cannot afford one, the state will provide legal aid.
4. Right to Inform a Family Member or Friend:
Under Section 50A of the CrPC, the police must inform a relative or friend about your arrest.
5. Right Against Self-Incrimination (Article 20(3)):
You cannot be compelled to testify against yourself.
6. Right to Be Produced Before a Magistrate (Section 57, CrPC):
You must be presented before a magistrate within 24 hours of arrest, excluding travel time.
Step 3: Consult an Experienced Lawyer
Your lawyer will:
• Analyze the charges against you.
• File for anticipatory bail, if applicable.
• Challenge wrongful arrests or procedural lapses in court.
Conclusion:
Arrests are serious, but Indian law ensures that procedural safeguards are in place to prevent abuse. By staying calm, understanding your rights, and adhering to the steps outlined above, you can protect yourself from potential violations. Always remember, no one is above the law, including law enforcement authorities.
If you or a loved one has been arrested, contact a qualified legal professional immediately for assistance.
