Introduction

In India, when people hear about the word “arrest,” they are usually scared. It is their assumption that an arrest is the termination of freedom and the police can do anything they want to do But this is not true. All the arrested persons are provided with strong protections and rights in Indian law. These rights indicate that no one is discriminated against, tried without trial, or intimidated by the government.

The Constitution of India is categorical that the police cannot deprive you of your freedom without due process. The law shields innocent individuals against unjustified detention, unauthorized arrest, misuse of authority, and police harassment. It is always imperative to know your rights in order to avoid being scared and lost in the state of an arrest. Advocate Shrishti Rani, the best advocate in Patna Civil Court and one of the best criminal lawyer in India, known as one of the most famous criminal lawyers in India.

The Importance of Knowing Your Rights During Arrest

Majority of the population is not aware of the mechanism of arrest. Others might panic and cooperate with the police blindly. Other people can argue without the knowledge of the law. Both are dangerous. You must never panic or lose your rights.

All citizens are heavily safeguarded by the Constitution. Such articles as Article 22 and regulations in the IPC and CrPC guarantee equal treatment. When you learn these rights, you will be able to defend yourself in case of illegal arrest, coerced confession, and police torture.
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Who Can Arrest and Under What Conditions?

Not all individuals are capable of arresting you. Arresting is only legal for licensed individuals.

A police officer has the right to arrest when:

• There is a valid reason
• The person committed a crime
• There is a court order
• The crime is perceived by the officer.
• One has a reasonable suspicion.

Even an ordinary citizen could arrest the person under certain circumstances, including the situation when one catches a person committing a severe crime.
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Rights of Arrested Persons in India 

1. Right to Know the Reason of Arrest

• Police should explain why he is arresting you.
• They should be explicit in informing the charges.
• The cause ought to be legal and acceptable.
• None of the secret or hidden grounds are permitted.
• Police have to present reasonable documents at the time they are needed.

2. Right to Remain Silent

• Just because you cannot be made to confess.
• You are permitted to remain silent.
• The police may not intimidate you to make a statement.
• The confessions obtained under coercion are unlawful.
• Court, not police, determines guilt.

3. Right to Family/Lawyer Informed

• You are able to call somebody right away.
• The police should not disallow phone contact.
• You can meet a lawyer.
• Nobody can prevent legal assistance.
• Friends/family should be aware of where you are

4. Right Against Ill-Treatment

• It is impossible that police can beat and torture.
• Physical abuse is illegal.
• Harassment is a crime.
• The police have to abide by protocols.
• You must be treated humanely.

5.  Right to Medical Checkup

• The detained individuals have the right to request medical examinations.
• False claims of torture are prevented through medical reports.
• Health safety has to be maintained by police.
• Medical records must be kept.
• Special medical protection is accorded to women.

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Indian Constitution, article 22

Article 22 provides two crucial safeguards:

• No arrest without reason
• The right to have access to an attorney and defend.

All individuals who are arrested must be produced within a period of 24 hours before a magistrate.

In case police are unable to present the accused in court within 24 hrs, then this is a case of illegal detention and the individual has the right to sue.
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Difference between Bailable and Non-Bailable Arrests

The two terms discussed are very crucial to understand:

1. Bailable Arrest

• Bail is easy and it is a legal right of the person.

2. Non-Bailable Arrest

• Bail is not guaranteed. The court makes decisions according to severity.

The police are not able to arrest anyone haphazardly. Facts and fairness are geared by the court even in non-bailable cases.
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What Happens After an Arrest?

When arrested, the following should occur:

• Police must explain charges
• A copy of FIR must be given
• You are entitled to access the services of a lawyer.
• Within 24 hours police have to present you before the court.
• Bail may be immediately put on.
• The arrest can be wrongfully punished.

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The role of a Lawyer during arrest

The real lawyer shields you against:

• Police harassment
• False accusations
• Forced confessions
• Wrong FIRs
• Illegal detention

An advocate is also helpful in applying for anticipatory bail or regular bail.
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Rights of Women and Juveniles During Arrest

• Women are not allowed to be arrested at night with the exception of special cases. The woman should have a female police officer.
• Juveniles are entitled to special rights in the Juvenile Justice Act. They cannot be detained in normal police custody.
• These laws are meant to ensure abuse of power is avoided.

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What to Do If Your Rights are Violated (Step-by-Step)

Step 1: Stay Calm

1. Never panic
2. Do not run
3. Ask for reasons
4. Do not argue
5. Use your rights smartly.

Step 2: Contact a Lawyer

1. Call immediately
2. Share details
3. Ask for legal help
4. Lawyer will guide next steps
5. Do not speak without legal advice

Step 3: File Complaint

1. Report police misconduct
2. File to magistrate
3. File to SP or DGP office
4. Legal complaints can be processed
5. Do not delay

Step 4: Collect Evidence

1. Save call details
2. Save names of officers
3. Save documents
4. Take medical proof
5. Save CCTV or witness

Step 5: Take Legal Action

1. Apply for bail
2. File an FIR if required
3. Seek compensation
4. Go to High Court if needed
5. Lawyer supports the proceedings

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Why choose Advocate Shrishti Rani?

Choosing the right advocate during an arrest, FIR, bail, or criminal case is crucial, as your defense directly affects your rights, freedom, and future. Shrishti Rani is a skilled criminal lawyer with strong expertise in false FIRs, anticipatory bail, domestic violence cases, and property disputes. With years of courtroom experience, she is widely known as the best advocate in Patna Civil Court and among the top criminal lawyers in India, offering quick legal solutions and expert advice in emergencies.

Clients trust her for sincere guidance, strong case preparation, and confident courtroom representation. Recognized as one of the best divorce lawyers in India for family and matrimonial cases, Advocate Shrishti Rani provides professional and reliable legal support, fighting for clients’ rights with dedication and expertise.

Conclusion 

Among the greatest protections in Indian law are the rights of the arrested persons. Being aware of your rights helps to make police not abuse their power and treat you fairly and in accordance with the Constitution. The law: The key to avoiding illegal arrest and false detention is always to check the legal process, assert your rights, and know your law to ensure you are not falsely arrested.

Always seek professional advice in matters that require the real need of the law to assist you in arrest, FIR, bail or criminal cases. One of the best lawyer in Patna in the field of criminal law, one of the best divorce lawyers in India and one of the best advocate in Patna Civil Court is advocate Shrishti Rani. When you select the right lawyer, you will be guaranteed swift action, proper defense, and total protection of law.

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