Arrested by the police? Your rights under the BNSS
You must be told why you are arrested, your family must be informed, you can meet a lawyer, and you must be taken before a Magistrate within 24 hours. Here are your rights under the Bharatiya Nagarik Suraksha Sanhita, 2023.
These rights come from the Constitution (Article 22) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure from 1 July 2024.
Your rights at the time of arrest
- To know why. The police must tell you the full details of the offence for which you are arrested. If the offence is bailable, they must tell you that you can be released on bail (Section 47).
- An arrest memo. The officer must prepare a memorandum of arrest, signed by at least one witness (such as a family member or a respected local person) and countersigned by you (Section 36).
- Your family is told. The police must inform a relative or friend you name about the arrest and where you are being held (Section 48).
- Women. No woman may be arrested after sunset and before sunrise except in exceptional circumstances, and then only by a woman police officer with the prior permission of a Magistrate (Section 43(5)).
Your rights in custody
- Meet a lawyer. You may meet an advocate of your choice during interrogation, though not throughout it (Section 38).
- Medical examination. You can be examined by a medical officer, which records any injuries (Section 53).
- 24-hour limit. You must be produced before a Magistrate within 24 hours of arrest, not counting travel time. The police cannot keep you longer without the Magistrate’s order (Section 58).
- No forced confession. A confession made to a police officer cannot be used against you as evidence.
If you can’t afford a lawyer
You have the right to a free lawyer through the Legal Services Authority. Ask the Magistrate for legal aid at your first production, or call 15100. Check whether you qualify with our free legal aid checker.
If your rights are violated
You or your family can complain to the Superintendent of Police, tell the Magistrate when you are produced, approach the State Human Rights Commission, or file a petition in the High Court. Note the names of officers, times and witnesses.