When you are arrested and taken into custody it means that you are not free to leave the scene. In a situation where the person arrested is not guilty of any crime, it is important to ensure that the rights of the people who have been arrested are not violated. To avoid panicking in an emergency situation, it is important to know your rights and what to do when they are encroached upon.
Pre – Process requirements
- Whether you are an adult citizen of India, expatriate or non- resident Indian , you have certain rights guaranteed by the Constitution in case of an arrest. Before the law enforcement officer questions you, he or she should tell you that : - You have the right to remain silent. - Anything you say may be used against you. - You have a right to have a lawyer present while you are questioned. - If you cannot afford a lawyer, one will be appointed for you.
- You can be questioned without a lawyer present only if you voluntarily give up your rights and if you understand what you are giving up. If you agree to the questioning and then later change your mind, questioning must stop as soon as you say that you want a lawyer. If the questioning continues after you request a lawyer and you continue to talk, your answers can be used against you if you testify to something different. You may be required to give certain physical evidence at this point.
- If you are arrested for a crime, particularly a serious one, you should contact a lawyer as soon as possible. He or she has a better sense of what you should and should not say to law enforcement officers to avoid being misinterpreted or misunderstood. The lawyer can also advise you or your family or friends on the bail process.
- All law enforcement officers - such as police officers can arrest you. They can arrest you - even if they do not have an arrest warrant only if the crime is cognisable. -They do, however, have to see you commit an action that may resemble an offence in order to arrest you.
- If, during the questioning and before a charge is filed, the police are convinced that you have not committed a crime, they will give you a written release. Your arrest then will be considered a detention and not recorded as an arrest. Please note: They can hold you in detention only in 24 hours; beyond that they must file charges against you.
- The Criminal Procedure Code, 1973 gives a list of bailable and non – bailable offences. If you are arrested for bailable offences then you can be released on bail from jail. Bail in law means release of a person from prison awaiting trial , by the deposit of security (Bail) to ensure his submission at the required time to legal authority.
Do remember: (Important points: Checklist)
- Do not resist arrest, even if you believe you are innocent. You will be arrested anyway, and then you'll have the additional charge of Resisting Arrest. Also, the police are more likely to hurt people who resist arrest.
- If you are told that you are under arrest, give only your name, address, and telephone number or that of your immediate family, or your employer. This information is needed in setting bail.
- You have a right to remain silent. Say only, "I want to talk to a lawyer." If the police continue to question you, do not answer. Also, do not speak on a video tape or to a public prosecutor about anything. Remember, it's in the police officers' best interest to get you to incriminate yourself. If you are arrested with somebody else, don't talk with them about the incident in the back of the police car even when the police are not in the car; many police cars are equipped to secretly record such conversations.
- You have a right to make one complete phone calls to your family, lawyer, or organization (remember the phone you use may be tapped).
- Do not act defiant or talk about filing complaints. You do not want the police to retaliate against you while you're in their custody.
- You will be handcuffed searched, photographed, and finger-printed.
- Try to get the names and badge numbers of the police who arrested you or deal with you in the police station. (This information is your right.)
Related information:
What to do when you are arrested?
What to do when you are stopped or arrested?
General links
The Code of Criminal Procedure, 1973
101 things you wanted to know about the police
Downloads: The Code of Criminal Procedure, 1973
Helpline : 100/ 103
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