In short. On arrest you must be given the grounds in writing, told of your right to bail if the offence is bailable, and allowed to have a relative or friend informed. You can meet a lawyer during interrogation, must be medically examined, and must be produced before a magistrate within 24 hours, excluding travel time. Women cannot be arrested at night without a magistrate's permission.
These rights come from Article 22 of the Constitution and from sections 35 to 60 of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), which replaced the CrPC for arrests from 1 July 2024. Most of them were first spelt out by the Supreme Court in D.K. Basu v State of West Bengal (1997) and later written into the code. In November 2025, in Mihir Rajesh Shah v State of Maharashtra, the Supreme Court held that written grounds of arrest must be given for every offence under every law.
This post is about the hours around an arrest: what the police must do, what the family should do, and what the magistrate checks at the first production. If you have received a notice to appear rather than been arrested, read our post on the section 35 BNSS notice. If you fear arrest and have time, the route is anticipatory bail.
- Grounds of arrest
- In writing, in a language you understand (Article 22(1), s.47 BNSS)
- Family informed
- Relative or friend you name, at once (s.48 BNSS)
- Lawyer
- Meet an advocate of choice during interrogation (s.38 BNSS)
- Medical check
- By a government doctor soon after arrest (s.53 BNSS)
- Magistrate
- Within 24 hours, excluding travel time (Article 22(2), s.58 BNSS)
- Women
- No arrest after sunset or before sunrise without a magistrate's permission
What are my rights when the police arrest me in Delhi?
You have the right to know that you are being arrested and why, to have the grounds in writing, to have someone you choose informed of the arrest and where you are held, to consult and be defended by a lawyer of your choice, to be medically examined, to be kept safely, and to be taken before a magistrate within 24 hours. If the offence is bailable, you must be told that you are entitled to be released on bail.
These are not favours from the police. Article 22(1) and (2) of the Constitution guarantee the grounds, the lawyer and the 24-hour rule. The BNSS sets out the procedure in detail: section 36 for the arrest memo, section 37 for the designated police officer and the public display of arrest information, section 38 for the lawyer, section 47 for the grounds and the right to bail, section 48 for informing family, section 53 for the medical examination, and section 58 for the 24-hour limit.
The rights apply whether the arrest is by Delhi Police, a specialised wing such as the Crime Branch, the EOW or a cyber police station, or a central agency. Agencies like the ED arrest under their own statute, but the grounds-in-writing rule and the 24-hour rule apply to them too, as explained on our PMLA practice page. The main exception is preventive detention under specific laws, where Article 22 works differently.
Your rights on arrest at a glance
The middle column shows where each right comes from. The last column is what to do if the police do not follow it.
| Right | Source | If it is denied |
|---|---|---|
| To be told the grounds of arrest, in writing | Article 22(1); s.47 BNSS; Mihir Rajesh Shah (2025) | Raise at first production; the arrest and remand can be set aside |
| To be told of the right to bail in a bailable offence | s.47(2) BNSS | Offer bail at the police station or apply at once to the magistrate |
| Arrest memo signed by a witness and by you | s.36 BNSS | Point out the missing memo or witness to the magistrate |
| A relative or friend to be informed | s.48 BNSS | Magistrate must check compliance at production |
| To meet a lawyer during interrogation | Article 22(1); s.38 BNSS | Complain to the magistrate; record it in the remand order |
| Medical examination and a copy of the report | s.53 BNSS | Ask the magistrate for an examination and to record injuries |
| Production before a magistrate within 24 hours | Article 22(2); s.58 BNSS | Detention beyond 24 hours is illegal; habeas corpus lies |
| Women: arrest by a woman officer, not at night | s.43 BNSS | Raise before the magistrate; seek action against the officer |
| Free legal aid if you cannot afford a lawyer | Article 39A; Legal Services Authorities Act 1987 | Ask the magistrate to assign legal aid counsel |
| Not to be compelled to be a witness against yourself | Article 20(3) | Statements to police are not admissible as confessions |
Do the police have to give the grounds of arrest in writing?
Yes. In Mihir Rajesh Shah v State of Maharashtra, decided on 6 November 2025, the Supreme Court held that the grounds of arrest must be supplied in writing, in a language the arrested person understands, for all offences under all statutes, including the BNS. Reading the grounds out aloud is not enough. This extended to ordinary offences what the Court had earlier required in PMLA cases in Pankaj Bansal v Union of India (2023).
The Court allowed one practical exception. Where the arrest is made on the spot, for example when someone is caught in the act of an offence against person or property, the grounds may be told orally at the time. A written copy must then be supplied within a reasonable time and in any event at least two hours before the person is produced before the magistrate for remand. If the remand papers are late in supplying grounds, they must explain the delay.
The consequence of non-compliance is serious. The Court held that failure to supply written grounds makes the arrest and the remand illegal, and the person is entitled to be released. If the police still want custody, they must apply afresh with reasons and an explanation for the failure. The grounds are different from the FIR: they should tell the person why they in particular are being arrested, not just which sections are invoked.
Can I call a lawyer after arrest, and can the lawyer sit in during questioning?
You can consult a lawyer of your choice from the moment of arrest; Article 22(1) guarantees it. Section 38 BNSS adds that an arrested person is entitled to meet an advocate of choice during interrogation, though not throughout the interrogation. In practice, Delhi Police allow the advocate to meet the arrested person at the police station for a reasonable time, and sometimes to remain within sight but not within hearing during questioning.
The lawyer's job in the first hours is limited but useful. They can check that the arrest memo and grounds have been given, make sure the family has been informed, note any injuries, find out which court the person will be produced before and when, and prepare a bail application if the offence permits. They cannot stop lawful questioning, and the arrested person should not expect the lawyer to answer questions on their behalf.
If you cannot afford a lawyer, you are entitled to free legal aid. Legal aid counsel are posted at the remand courts in Delhi's district complexes through the Delhi State Legal Services Authority. Ask the magistrate at production. Our post on free legal aid eligibility explains who qualifies.
Who must the police inform after an arrest, and when?
Under section 48 BNSS, the officer making the arrest must at once inform a relative, friend or other person named by the arrested person about the arrest and the place where they are held. The police must also inform the designated police officer of the district. The fact that the information was given, and to whom, must be entered in a book kept at the police station.
Section 37 requires a designated police officer, not below the rank of Assistant Sub-Inspector, in every district and every police station, responsible for keeping the names and addresses of arrested persons and the offences charged. That information is displayed at police stations and district headquarters, including digitally. In Delhi, the district police control room can usually tell a family whether someone has been arrested in the district.
When the arrested person is produced, the magistrate is required to satisfy himself that the family has been informed. If the family learns of the arrest only from a neighbour or not at all, say so at the first production and ask that it be recorded in the order.
What should the arrest memo contain?
Section 36 BNSS requires every officer making an arrest to bear an accurate, visible and clear identification of their name. The officer must prepare a memorandum of arrest, which must be attested by at least one witness, who is either a member of the family of the arrested person or a respectable member of the locality where the arrest is made, and countersigned by the arrested person.
The memo should record the date and time of arrest, the place, the name of the officer, the witness, and the person informed. Where no family member signs, the officer must inform a relative or friend named by the arrested person. The time on the memo matters more than anything else, because it starts the 24-hour clock and fixes the period of custody for later calculations, such as default bail or release under section 479.
A point Advocate B.K. Singh stresses with families at the Dwarka courts is to note independently, on the phone if necessary, the exact time the police took the person away. Arrest memos sometimes record a later time than the actual detention, and a gap of a few hours between "called for inquiry" and "arrested" can decide whether the 24-hour rule was respected.
Is a medical examination compulsory after arrest?
Yes. Section 53 BNSS says that when any person is arrested, they shall be examined by a medical officer in the service of the Central or State Government soon after the arrest, or by a registered medical practitioner if a government medical officer is not available. A woman must be examined by or under the supervision of a female medical officer or practitioner.
The doctor records any injury or mark of violence and its approximate time. A copy of the report must be given to the arrested person or a person they nominate. This protects both sides: it fixes the person's condition at the time of arrest, so that injuries found later can be traced, and it protects honest officers from false allegations.
Section 56 BNSS separately makes the person having custody responsible for the arrested person's health and safety. Tell the police and the magistrate about any medical condition, regular medication or recent surgery. Families should carry prescriptions and a few days of medicine to the police station or the court; the magistrate can direct that the person be allowed medicine or be taken to a hospital.
Do the police have to produce me before a magistrate within 24 hours?
Yes. Article 22(2) of the Constitution and section 58 BNSS say that a person arrested without a warrant cannot be detained for more than 24 hours without being produced before a magistrate, excluding the time needed for the journey from the place of arrest to the court. Detention beyond that without a magistrate's order is illegal.
In Delhi, arrested persons are usually produced before the magistrate with jurisdiction over the police station, at the district court complex such as Tis Hazari, Saket, Patiala House, Karkardooma, Rohini, Dwarka or Rouse Avenue. At night and on holidays, the police produce the person before the duty magistrate. If the arrest is outside Delhi, for a Delhi case, the person is produced before the nearest local magistrate, who can authorise transit custody.
At the first production the police ask for police custody or judicial custody under section 187 BNSS. The magistrate can refuse remand altogether, grant judicial custody, or grant police custody for up to fifteen days, which under the BNSS may be taken in parts during the first 40 or 60 days. If the offence is bailable, bail can be sought at once under section 478. If the chargesheet is not filed in time, default bail becomes available.
Can a woman be arrested at night in Delhi?
Generally no. Section 43 BNSS says that, except in exceptional circumstances, no woman shall be arrested after sunset and before sunrise. Where such circumstances exist, a woman police officer must make a written report and obtain the prior permission of the Judicial Magistrate of the first class within whose jurisdiction the offence was committed or the arrest is to be made.
Where a woman is to be arrested, her submission to custody on oral intimation is presumed, and the police officer should not touch her unless the circumstances require it, in which case it must be a woman officer. Searches of women must be made by another woman with strict regard to decency under section 49. Medical examination must be by or under the supervision of a female doctor.
Children are treated separately. A child alleged to be in conflict with law cannot be kept in a police lock-up or jail; under the Juvenile Justice (Care and Protection of Children) Act 2015, the child is placed with the Special Juvenile Police Unit or the designated child welfare police officer and produced before the Juvenile Justice Board within 24 hours.
Can the police handcuff an arrested person?
Only in defined cases. Section 43(3) BNSS allows the police to use handcuffs at arrest, and while producing the person in court, where the person is a habitual or repeat offender, has escaped from custody, or is accused of serious offences such as organised crime, terrorist acts, murder, rape, acid attack, drug offences, offences against the State and certain others, having regard to the nature and gravity of the offence.
Outside those categories, handcuffing is not routine. The Supreme Court has long held that handcuffing without good reason violates the dignity protected by Article 21. If a person is handcuffed without justification, or chained to a hospital bed, raise it with the magistrate at once and ask for it to be recorded.
The use of force at arrest is also limited. The police may use all means necessary to make an arrest if the person resists or tries to evade it, but section 43 does not authorise causing the death of a person who is not accused of an offence punishable with death or life imprisonment.
Someone in the family has been arrested in Delhi: the first 24 hours
These steps assume the family has just learnt of the arrest. Do them in this order.
Find out where and why
Call the police station or the district control room. Ask for the FIR number and sections, the name of the IO, the time of arrest and which court the person will be produced before. Note the time of every call.
Get the papers
Ask for a copy of the arrest memo, the written grounds of arrest and the FIR. An FIR copy is available online on the Delhi Police website for most offences, except sensitive ones.
Engage a lawyer or ask for legal aid
Send the advocate to the police station to meet the arrested person under section 38. If you cannot afford one, legal aid counsel at the remand court can be requested.
Carry medicines and identity documents
Take prescriptions, medicines, spectacles and clothes, and the person's Aadhaar or other identity proof. Keep two sureties with identity and address proof ready if the offence may be bailable.
Attend the first production
Be at the court when the person is produced. The advocate checks the grounds, the time of arrest, the medical report and the remand application, and opposes custody or applies for bail.
Record any violation
If grounds were not given in writing, the family was not informed, the person was held over 24 hours, or there are injuries, ask the magistrate to record it in the order sheet.
For the wider steps once a case is under way, see our page on Delhi's police stations and criminal courts and our bail practice page.
A made-up example: the arrest that came apart at remand
Here's a made-up example. Vikram, a shop owner in Uttam Nagar, is picked up from his shop at 7 pm on a Thursday in a cheating case under section 318(4) BNS. The police tell him orally that the complainant has accused him of taking money for goods never supplied. His family is not told until a neighbour calls them at 10 pm. The arrest memo records the time of arrest as 11:30 pm.
He is produced before the duty magistrate on Friday evening. The police seek three days' police custody. His advocate points out that no written grounds were supplied before production, that the family was not informed by the police, and that the memo time conflicts with the CCTV footage from a shop opposite, which shows him being taken away at 7 pm. She also points out that cheating carries up to seven years and that the police have not recorded why arrest was necessary rather than a notice under section 35.
The magistrate finds that written grounds were not supplied and refuses remand, directing release. The police remain free to apply afresh for custody with reasons. In the end the investigation continues on notice, and Vikram joins it as required. The case itself is still to be decided; what changed was the procedure, and that alone decided whether he spent the weekend in custody.
Do I have to answer police questions after arrest?
You must cooperate with the investigation, but you cannot be compelled to be a witness against yourself. Article 20(3) of the Constitution protects you from being forced to make statements that incriminate you. A confession made to a police officer is not admissible as evidence against you under the Bharatiya Sakshya Adhiniyam 2023, and statements recorded by the police during investigation are not signed by the person making them, under section 181 BNSS.
That does not mean silence is always wise. Refusing to give basic information, such as your name and address, or refusing to join a lawful identification or search, can be used against you at the bail stage as non-cooperation. The sensible course is to answer factual questions you are sure of, decline to speculate, and say you will answer further questions after speaking to your lawyer.
Signatures are a different matter. Read any document before signing it, including seizure memos and disclosure statements. If you are asked to sign something you have not read or do not agree with, say so, and tell the magistrate at the first production.
When should the police not arrest at all?
For offences punishable with up to seven years, arrest is the exception. Section 35 BNSS allows arrest in such cases only where the officer has reason to believe it is necessary, for example to prevent further offences, for proper investigation, to prevent tampering with evidence or threats to witnesses, or to secure attendance in court, and the officer must record reasons in writing both for arresting and for not arresting. Otherwise, the police must issue a notice of appearance.
The Supreme Court in Arnesh Kumar v State of Bihar (2014) told the police to follow this checklist, told magistrates not to authorise detention mechanically, and warned that failure on either side could lead to departmental action. Satender Kumar Antil v CBI (2022) reaffirmed those directions. Section 35 also requires prior permission of an officer not below the rank of Deputy Superintendent of Police before arresting a person who is infirm or above 60 years of age for an offence punishable with less than three years.
These rules are among the strongest arguments at the first production in a seven-year offence. If the remand papers do not record why arrest was necessary, ask the magistrate to refuse remand and grant bail.
What if the arrest was illegal? Remedies in Delhi
The first remedy is at the first production. The magistrate can refuse remand, order release, direct a medical examination, and record violations in the order sheet. Most illegal arrests are corrected at this stage, provided the defence points out the defects clearly and with documents.
If a person is held without being produced, or the family cannot find out where they are, the remedy is a habeas corpus petition before the Delhi High Court under Article 226, which can be listed urgently. Our post on habeas corpus against illegal detention explains how. The High Court can also grant compensation for illegal detention as a public law remedy under Article 21.
Complaints about the officers' conduct can go to the DCP of the district, the Joint or Special Commissioner, and in cases of custodial violence to the National Human Rights Commission. A criminal complaint against the officers is possible in serious cases, though prior sanction rules for public servants may apply. Advocate B.K. Singh's advice to families is to deal with liberty first and accountability second: get the person out lawfully, preserve the evidence of what happened, and then decide whether to pursue the officers.
Fake arrests and 'digital arrest' calls
There is no such thing as an arrest by video call. The police, the CBI, the ED and customs do not arrest people on WhatsApp or Skype, keep them under watch on camera, or demand money to settle a case. An arrest is a physical act by an identifiable officer, with an arrest memo, a witness and production before a magistrate.
Calls claiming that a parcel in your name contains drugs, that your Aadhaar is linked to money laundering, or that you are under 'digital arrest' are scams. Cut the call, do not transfer money, and report at once on the national helpline 1930 or cybercrime.gov.in. Our post on digital arrest scam calls explains the pattern and what to do if money has already been paid.
Arrest checklist: what to check and carry
If someone in your family has been arrested and you want an advocate at the first production, the team of Advocate B.K. Singh works in the Delhi district courts and can be reached through our enquiry page.
- Exact time and place the person was taken, noted independently
- FIR number, police station, sections and name of the IO
- Copy of the arrest memo and the written grounds of arrest
- Confirmation that the police informed a relative or friend
- Medical examination report, and any injuries noticed
- Prescriptions, medicines and identity documents of the arrested person
- Two sureties with identity and address proof, in case bail is granted
- Any earlier notice under section 35 or any earlier bail or protection order
- Vakalatnama signed by the arrested person for the advocate
Frequently asked questions
What are the rights of an arrested person in India?
The right to know the grounds of arrest in writing, to have a relative or friend informed, to consult a lawyer, to be medically examined, and to be produced before a magistrate within 24 hours. A person arrested for a bailable offence must also be told of the right to bail. These come from Article 22 and sections 35 to 60 of the BNSS.
Is it compulsory to give grounds of arrest in writing?
Yes. The Supreme Court held in Mihir Rajesh Shah v State of Maharashtra (November 2025) that written grounds must be given for all offences, in a language the person understands. In on-the-spot arrests, a written copy must be given at least two hours before production for remand.
What happens if the police do not produce an arrested person within 24 hours?
The detention becomes illegal once 24 hours pass, excluding travel time, without a magistrate's order. The person can be released and the family can file a habeas corpus petition in the High Court. Officers responsible may face departmental and legal action.
Can my lawyer be present during police interrogation?
Under section 38 BNSS, you can meet an advocate of your choice during interrogation, but not throughout it. The police commonly allow the lawyer to meet you and remain within sight, though not within hearing, for part of the questioning.
Can police arrest a woman at night?
Only in exceptional circumstances, and then a woman officer must make a written report and get the prior permission of the Judicial Magistrate of the first class. Otherwise, no woman can be arrested between sunset and sunrise under section 43 BNSS.
Do the police have to inform my family about my arrest?
Yes. Section 48 BNSS requires the police to inform a relative, friend or person you name about the arrest and where you are held, at once. The magistrate must check at the first production that this was done.
Is a medical check-up mandatory after arrest?
Yes. Section 53 BNSS requires a medical examination soon after arrest by a government medical officer, or a registered practitioner if none is available. A copy of the report must be given to you or your nominee.
Can I be arrested for an offence punishable with less than seven years?
Only if the officer records reasons showing that arrest is necessary under section 35 BNSS. Otherwise the police must issue a notice of appearance. Courts have repeatedly told the police and magistrates not to arrest or remand mechanically in such cases.
What is an arrest memo?
It is the record of the arrest under section 36 BNSS, showing the date, time and place, attested by a family member or a respectable local person and countersigned by the arrested person. The time on it starts the 24-hour clock.
Can the police handcuff me?
Only in the categories allowed by section 43(3) BNSS, such as habitual offenders, escapees and persons accused of grave offences like terrorism, murder or rape. Unjustified handcuffing violates Article 21 and should be raised before the magistrate.
Do I have to answer every question the police ask?
You must cooperate with the investigation, but you cannot be forced to incriminate yourself under Article 20(3). Confessions to the police are not admissible as evidence. Answer factual questions carefully and ask to speak to your lawyer before anything more.
Can someone be arrested by video call?
No. A real arrest is made in person by an identifiable officer with an arrest memo and production before a magistrate. Calls claiming 'digital arrest' are scams and should be reported on 1930 or cybercrime.gov.in.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.