What to Do When Someone Is Arrested in India: Your Complete Rights Guide (2026)

A phone call telling you someone you love has been arrested is one of the most disorienting moments a family can face. In the panic of those first minutes, most people don't know what's actually happening at the police station, what rights the arrested person has, or what to do next. This guide walks through exactly that — clearly, and without the legal jargon.

The Legal Foundation: Arrest Is Not Punishment. It's worth starting here, because it changes how you should think about the entire process: an arrest is not a conviction. Under Indian law, every person is presumed innocent until proven guilty in court. Arrest is simply a step in the investigation process — and the law places specific, enforceable limits on what the police can and cannot do during it. These protections come from Article 21 and Article 22 of the Constitution, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and a landmark set of directions from the Supreme Court known as the D.K. Basu guidelines.

Rights of an Arrested Person in India

1. Right to Know the Grounds of Arrest: The police must inform the person of the reasons for their arrest at the time it happens. This isn't optional — it's a constitutional safeguard against arbitrary detention.

2. Right to Inform a Family Member or Friend: The arrested person has the right to have someone informed of their arrest and where they are being held. Police are required to enter this information at the police station and, per the D.K. Basu guidelines, must facilitate this notification themselves if needed.

3. Right to Consult a Lawyer: This is one of the most important — and most frequently misunderstood — rights. The arrested person can consult a lawyer of their choice throughout the period of custody, not just before or after. This includes the right to have a lawyer present during interrogation in many circumstances.

4. Right to Be Produced Before a Magistrate Within 24 Hours: The police cannot hold someone indefinitely. The person must be produced before the nearest Magistrate within 24 hours of arrest, excluding the time needed for travel from the place of arrest to the court.

5. Right to a Medical Examination: The arrested person has the right to a medical examination at the time of arrest, and at regular intervals (roughly every 48 hours) if they remain in custody. This protects against custodial violence and creates a documented record of their physical condition.

6. Right to Free Legal Aid: If the arrested person cannot afford a lawyer, they are entitled to free legal aid through the state legal services authority — this is a constitutional right, not a favor.

7. Special Protections for Women: Women can generally only be arrested by, or in the presence of, a woman police officer, and arrests of women after sunset and before sunrise are restricted except in exceptional circumstances with prior permission from a Magistrate.

The D.K. Basu Guidelines: What Police Are Required to Do

Following widespread concerns about custodial abuse, the Supreme Court in D.K. Basu v. State of West Bengal laid down binding requirements for every arrest, including:

A memo of arrest must be prepared at the time of arrest, attested by at least one witness, and countersigned by the arrested person
The person arrested is entitled to have a friend or relative informed as soon as practicable
The time, place of arrest, and venue of custody must be notified to the person's next of kin
The arrested person must be told of their right to have someone informed of the arrest
An entry must be made in a diary at the place of detention regarding the arrest
The arrested person must be examined medically at the time of arrest, and injuries, if any, must be recorded

If any of these are not followed, it can become a serious point in the arrested person's favor — both for challenging the legality of custody and in any subsequent bail hearing.

What to Do in the First 24 Hours

Get the exact details — which police station, which FIR number, and under what sections the person has been arrested.
Call a criminal lawyer immediately. Time matters enormously in the first 24 hours, both for protecting the person's rights and for beginning bail preparations.
Request a copy of the FIR — you're entitled to it, and it's the foundation for any bail application.
Confirm the person has been informed of their rights — including their right to a lawyer and a medical check.
Start gathering documents for a potential bail application — identity proof, address proof, and potential surety details — so you're not scrambling once a hearing is scheduled.
Do not attempt to independently "negotiate" with police outside proper legal channels — always act through a lawyer.

Arrest for Bailable vs Non-Bailable Offences: Why It Matters Immediately

The nature of the offence determines how urgently you need to act and what's possible right away:

Bailable offence: The police themselves can grant bail at the station. This can often be resolved within hours if handled promptly.
Non-bailable offence: A court application is required. This is where having a lawyer engaged from hour one — rather than hour twenty — can make a real difference in how quickly the case moves.

Common Mistakes Families Make After an Arrest

Waiting to "see what happens" before calling a lawyer — every hour of delay can extend time in custody unnecessarily.
Not confirming which specific sections have been applied — this determines whether bail is a matter of right or discretion, and shapes the entire legal strategy.
Assuming the police will explain the process — the burden is on the family and lawyer to actively track deadlines like the 24-hour production requirement and the chargesheet filing deadline (relevant for default bail).
Not requesting the arrest memo or medical examination — these documents matter both for the person's safety and for the legal case.

From Arrest to Bail: What Comes Next

Once these initial rights are protected, the focus shifts to securing release — through regular bail (post-arrest), or, if the case allows, exploring whether procedural lapses or delays support an application for default bail. If you're unfamiliar with these processes, our guides on types of bail in India and how to get anticipatory bail walk through the next steps in detail.

Talk to a Lawyer Immediately

If someone you know has just been arrested, don't wait. Every hour matters — both for protecting their rights in custody and for building the fastest possible path to bail. Bail Jini connects you with experienced criminal lawyers across India who can act within hours of an arrest.

Get Immediate Legal Help →

Frequently Asked Questions

1. What are my rights if I am arrested in India?

You have the right to know the grounds of arrest, the right to inform a family member or friend, the right to consult a lawyer of your choice, the right to be produced before a Magistrate within 24 hours, and the right to a medical examination.

2. Can the police arrest anyone without a warrant?

Yes, for cognizable offences, police can arrest without a warrant. For non-cognizable offences, they generally need a warrant issued by a Magistrate.

3. How long can the police keep someone in custody without producing them in court?

The police must produce the arrested person before a Magistrate within 24 hours of arrest, excluding travel time, as required by the Constitution and the BNSS.

4. What should a family do immediately after learning of an arrest?

Confirm the police station and the specific offence involved, contact a criminal lawyer immediately, request a copy of the FIR, and ensure the arrested person's right to a medical check-up and legal consultation is being honored.

5. What are the D.K. Basu guidelines?

The D.K. Basu guidelines are Supreme Court directions on arrest procedure, covering requirements like preparing a memo of arrest attested by a witness, informing a relative or friend, permitting access to a lawyer, and conducting a medical examination at the time of arrest and every 48 hours in custody.

6. Can the police deny access to a lawyer during interrogation?

No. The arrested person has a constitutional right to consult a legal practitioner of their choice, and this cannot be denied throughout the period of custody.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Please consult a qualified criminal lawyer immediately if you or someone you know has been arrested.