An arrested person in India (an “arrestee”) has rights that come from the Constitution and from the arrest chapter of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure, 1973 (CrPC) from 1 July 2024. The core rights are: to be told the grounds of arrest (Article 22(1) and Section 47 BNSS, formerly Section 50 CrPC), to consult and be defended by a lawyer of one’s choice (Article 22(1)) and to meet an advocate during interrogation (Section 38 BNSS, formerly Section 41D CrPC), to have a relative or friend told of the arrest (Section 48 BNSS, formerly Section 50A CrPC), to be medically examined (Section 53 BNSS, formerly Section 54 CrPC), not to be compelled to be a witness against oneself (Article 20(3)), and to be produced before a Magistrate within 24 hours (Article 22(2) and Section 58 BNSS, formerly Section 57 CrPC).
Among the landmark cases on arrest are D.K. Basu v. State of West Bengal (1996), which laid down eleven requirements for every arrest; Arnesh Kumar v. State of Bihar (2014), which stopped automatic arrests in offences punishable with up to seven years; Satender Kumar Antil v. CBI (15 January 2026), which held that for such offences a notice to appear under Section 35(3) BNSS “is the rule”; Prabir Purkayastha v. State (NCT of Delhi) (2024); and Mihir Rajesh Shah v. State of Maharashtra (6 November 2025), which held that the grounds of arrest must be given in writing in every case, in a language the arrested person understands, at least two hours before production for remand.
Rights of an arrested person at a glance
- Grounds of arrest: told “as soon as may be” (Article 22(1)) and “forthwith” (Section 47 BNSS); in writing, in a language the person understands, at least two hours before remand (Mihir Rajesh Shah, 2025).
- Lawyer: a legal practitioner of one’s choice (Article 22(1)); an advocate during, though not throughout, interrogation (Section 38 BNSS); free legal aid for persons in custody (Section 12(g), Legal Services Authorities Act).
- Family told: a relative or friend must be informed of the arrest and place of detention (Section 48 BNSS); arrest memo signed by a witness and the arrested person (Section 36).
- 24 hours: production before a Magistrate within 24 hours, journey time excluded (Article 22(2); Section 58 BNSS); further custody only by a Magistrate’s order (Section 187).
- Arrest without warrant: for offences punishable with up to seven years, only if necessary, with written reasons; otherwise a notice to appear (Section 35(1)(b) and 35(3) BNSS, formerly Sections 41 and 41A CrPC).
- Women and elderly: no arrest of a woman between sunset and sunrise save in exceptional circumstances with a Magistrate’s permission (Section 43(5)); DSP’s permission to arrest a person over 60 or infirm for an offence under three years (Section 35(7)).
- Silence: no person accused of an offence can be compelled to be a witness against himself (Article 20(3)); a confession to the police cannot be proved (Section 23 BSA).
Reviewed and updated by Century Law Firm, Delhi тАУ October 2026. Statutory references are to the Acts as in force on that date. The Constitution is quoted from the Legislative Department’s 2026 edition (as on 10 September 2026); the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023 from India Code (as on 6 October 2025), with Hindi terms from the official Hindi text of the BNSS on India Code; and the judgments from the Supreme Court of India’s own copies.
Who is an arrestee, and which law applies?
An arrestee is simply a person who has been arrested. The BNSS does not define “arrest”, but Section 43(1) BNSS (formerly Section 46 CrPC) says how one is made: the officer “shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action”. Once a person is under arrest in this sense, the rights described below apply, some to arrests without warrant and some to arrests under a warrant, as noted. A private person who arrests someone must hand him over to the police “within six hours” (Section 40 BNSS).
The BNSS came into force on 1 July 2024 and Section 531(1) repealed the CrPC, but under Section 531(2)(a) an “appeal, application, trial, inquiry or investigation” pending before that date continues under the CrPC. The firm’s CrPC to BNSS comparison tool gives the new number for any old section.
Constitutional rights of an arrested person: Articles 20(3), 21 and 22
Article 21 is the foundation: “No person shall be deprived of his life or personal liberty except according to procedure established by law.” Section 62 BNSS (formerly Section 60A CrPC) adds: “No arrest shall be made except in accordance with the provisions of this Sanhita or any other law for the time being in force providing for arrest.” See the firm’s guide to Article 21.
Article 22(1) gives two rights at once: “No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.”
Article 22(2) fixes the 24-hour rule: “Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.”
Article 20(3) protects against forced self-incrimination: “No person accused of any offence shall be compelled to be a witness against himself.” The law of evidence backs this up: “No confession made to a police officer shall be proved as against a person accused of any offence” (Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023, formerly Section 25 of the Evidence Act), and a confession made in police custody cannot be proved unless made “in the immediate presence of a Magistrate” (Section 23(2), formerly Section 26).
Under Article 22(3), clauses (1) and (2) do not apply to an enemy alien or to “any person who is arrested or detained under any law providing for preventive detention”, which has its own safeguards in Article 22(4) to (7); see the firm’s post on Section 13 of the National Security Act.
When can the police arrest without a warrant? Section 35 BNSS (formerly Sections 41 and 41A CrPC)
The police can arrest without a warrant only in the cases listed in Section 35(1) BNSS, and the most important line is drawn at seven years of imprisonment. For a cognizable offence punishable with imprisonment “which may be less than seven years or which may extend to seven years”, the police may arrest only if the officer has “reason to believe” the person committed it and “is satisfied that such arrest is necessary” for one of five purposes: to prevent a further offence, for proper investigation, to prevent the evidence from disappearing or being tampered with, to prevent threats or inducements to witnesses, or because the person’s presence in court cannot otherwise be ensured. The officer “shall record while making such arrest, his reasons in writing”, and must also “record the reasons in writing for not making the arrest” in cases where arrest is not required (Section 35(1)(b)).
For a cognizable offence punishable with more than seven years, or with death, the police may arrest a person against whom “credible information has been received” if the officer has reason to believe, on that information, that the person committed it (Section 35(1)(c)). Section 35(1) also covers, among others, a cognizable offence committed in a police officer’s presence, proclaimed offenders, persons found with suspected stolen property, and persons who obstruct a police officer on duty or escape from lawful custody.
For a non-cognizable offence, Section 35(2) says that, subject to Section 39, “no person concerned in a non-cognizable offence … shall be arrested except under a warrant or order of a Magistrate”. Under Section 39 BNSS (formerly Section 42 CrPC), a person who commits a non-cognizable offence in a police officer’s presence and refuses to give his name and residence, or gives a false one, may be arrested until they are ascertained.
Notice of appearance instead of arrest: Section 35(3) to (6) BNSS (formerly Section 41A CrPC)
Where arrest is not required under Section 35(1), the police “shall” issue a notice directing the person “to appear before him or at such other place as may be specified in the notice” (Section 35(3)). The person must comply (Section 35(4)). If the person “complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested” (Section 35(5)). If the person fails to comply or “is unwilling to identify himself”, the officer may, subject to any court order, arrest him (Section 35(6)).
In Satender Kumar Antil v. CBI (2026 INSC 115, 15 January 2026), the Supreme Court held that “a notice under Section 35(3) of the BNSS, 2023 to an accused or any individual concerned, qua an offence punishable with imprisonment up to 7 years, is the rule, while an arrest under Section 35(6) read with Section 35(1)(b) of the BNSS, 2023, is a clear exception.” An arrest “shall not be termed as mandatory”; even where the Section 35(1)(b) conditions exist, “the arrest shall not be undertaken, unless it absolutely warranted”; and an arrest under Section 35(6) after a notice “must be based upon materials and factors which were not available with the police officer at the time of issuing a notice under Section 35(3)”. The Court described the power as “a strict objective necessity, and not a subjective convenience for the police officer”.
Section 35(7): elderly and infirm persons
Section 35(7), which has no CrPC equivalent, reads: “No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and such person is infirm or is above sixty years of age.”
Prepared by Century Law Firm from Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code, as on 6 October 2025).
Rights of an arrested person under the BNSS (formerly the CrPC)
The arrest chapter of the BNSS is Chapter V, “Arrest of persons” (Sections 35 to 62). The table gives each right with its new and old section numbers; the paragraphs after it quote the important words.
| Right or safeguard | BNSS section | Formerly CrPC |
|---|---|---|
| Arrest without warrant only in listed cases; notice of appearance | 35 | 41, 41A |
| Officer’s name badge, arrest memo, right to have someone told | 36 | 41B |
| Police control room and designated police officer; names of arrested persons displayed | 37 | 41C |
| Meet an advocate of choice during interrogation | 38 | 41D |
| How an arrest is made; women; handcuffs | 43 | 46 |
| No more restraint than necessary | 46 | 49 |
| Grounds of arrest and right to bail | 47 | 50 |
| Relative or friend to be informed | 48 | 50A |
| Search of arrested person; receipt for articles; women searched by women | 49 | 51 |
| Medical examination at police request | 51 | 53 |
| Medical examination of every arrested person | 53 | 54 |
| Health and safety in custody | 56 | 55A |
| Taken before a Magistrate; not detained more than 24 hours | 57, 58 | 56, 57 |
| Substance of warrant to be told; production within 24 hours | 77, 78 | 75, 76 |
| Arrest only according to law | 62 | 60A |
| Remand and custody beyond 24 hours | 187 | 167 |
| Compensation for groundless arrest caused by another person | 399 | 358 |
Identification of the officer and the arrest memo: Section 36
Every police officer making an arrest shall “bear an accurate, visible and clear identification of his name”, prepare a memorandum of arrest “attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality” and “countersigned by the person arrested”, and, unless a family member attested it, tell the person of the right to have “a relative or a friend or any other person named by him” informed (Section 36 BNSS, formerly Section 41B CrPC). These duties closely follow the D.K. Basu requirements described below.
Under Section 37 BNSS (formerly Section 41C CrPC), the State must set up a police control room “in every district and at State level” and designate a police officer “in every district and in every police station, not below the rank of Assistant Sub-Inspector of Police”, whose list of the names and addresses of arrested persons and the offences charged “shall be prominently displayed in any manner including in digital mode in every police station and at the district headquarters”.
Right to meet an advocate: Section 38
“When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.” This is narrower than Article 22(1), which gives the right “to consult, and to be defended by, a legal practitioner of his choice”.
How an arrest is made, women, and handcuffs: Sections 43 and 46
For women, the proviso to Section 43(1) says: “where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest.” Section 43(5) adds: “Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.”
If a person “forcibly resists the endeavour to arrest him”, the officer “may use all means necessary to effect the arrest” (Section 43(2)), but without a right to cause the death of a person not accused of an offence punishable with death or life imprisonment (Section 43(4)).
Handcuffs are now dealt with in the statute. Under the new Section 43(3) BNSS the police officer “may, keeping in view the nature and gravity of the offence, use handcuff” while arresting or producing in court a habitual or repeat offender, an escapee, or a person who has committed listed offences: organised crime, terrorist act, drug-related crime, illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency notes, human trafficking, sexual offence against children, or offence against the State. Otherwise the rule in Section 46 BNSS (formerly Section 49 CrPC) applies: “The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.”
Grounds of arrest and right to bail: Section 47
Section 47(1) BNSS (formerly Section 50 CrPC) says: “Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.” Section 47(2) adds that where the person is arrested without warrant for an offence that is not non-bailable, the officer “shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf”. When the arrest is under a warrant, Section 77 BNSS (formerly Section 75 CrPC) requires the officer to “notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant”.
The Supreme Court has made written grounds a requirement in every case (Mihir Rajesh Shah, 6 November 2025); see the landmark cases section below.
Informing a relative or friend: Section 48
Section 48(1) BNSS (formerly Section 50A CrPC) requires the person making the arrest to “forthwith give the information regarding such arrest and place where the arrested person is being held to any of his relatives, friends or such other persons as may be disclosed or nominated by the arrested person … and also to the designated police officer in the district” (the last words are new). The arrested person must be told of this right at the police station (Section 48(2)), an entry made in a register (Section 48(3)), and the Magistrate before whom the person is produced must “satisfy himself” that these two steps were taken (Section 48(4)).
Search, medical examination, health and safety: Sections 49, 51, 53 and 56
An arrested person not released on bail may be searched, but “a receipt showing the articles taken in possession by the police officer shall be given to such person”, and a woman may be searched only “by another female with strict regard to decency” (Section 49 BNSS, formerly Section 51 CrPC).
Under Section 53(1) BNSS (formerly Section 54 CrPC), “When any person is arrested, he shall be examined by a medical officer in the service of the Central Government or a State Government”, or by a registered medical practitioner if none is available, “soon after the arrest is made”; a new proviso allows “one more examination”, and a woman is examined only by or under the supervision of a female medical officer. Injuries and “marks of violence” must be recorded (Section 53(2)) and a copy of the report given “to the arrested person or the person nominated by such arrested person” (Section 53(3)).
Section 51 BNSS (formerly Section 53 CrPC) is different: it lets a registered medical practitioner, at a police officer’s request, examine an accused to collect evidence (including blood, hair and DNA samples), using “such force as is reasonably necessary”; a woman is examined only by or under a female practitioner. Section 56 BNSS (formerly Section 55A CrPC) adds: “It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused.”
The 24-hour rule and remand: Sections 57, 58 and 187 BNSS
A police officer who arrests without a warrant must, “without unnecessary delay”, take the person before a Magistrate or the officer in charge of a police station (Section 57 BNSS, formerly Section 56 CrPC). Section 58 BNSS (formerly Section 57 CrPC) sets the outer limit: the period “shall not, in the absence of a special order of a Magistrate under section 187, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court, whether having jurisdiction or not”. The last words are new. For arrests under a warrant, Section 78 BNSS (formerly Section 76 CrPC) has the same 24-hour limit.
If the investigation cannot be finished in 24 hours, the accused must be forwarded with the case diary entries to the nearest Magistrate under Section 187 BNSS (formerly Section 167 CrPC), who may authorise custody “for a term not exceeding fifteen days in the whole, or in parts, at any time during the initial forty days or sixty days out of detention period of sixty days or ninety days”. Total detention during investigation cannot exceed ninety days for offences punishable with death, life imprisonment or ten years or more, and sixty days for others; then the accused “shall be released on bail if he is prepared to and does furnish bail” (Section 187(3)).
Police custody needs the accused to be “produced before him in person” each time (Section 187(4)), the Magistrate “shall record his reasons” (Section 187(7)), and a woman under eighteen may be kept only in “a remand home or recognised social institution”. In Arnesh Kumar (2014) the Supreme Court said: “If the arrest effected by the police officer does not satisfy the requirements of Section 41 of the Code, Magistrate is duty bound not to authorise his further detention and release the accused.”
Bail after arrest: Sections 478 to 483 BNSS
In a bailable offence, a person who is prepared to give bail “shall be released on bail” (Section 478(1) BNSS, formerly Section 436 CrPC); an indigent person unable to give a surety is to be released on a bond, and inability to give a bail bond within a week of arrest is “a sufficient ground” to presume indigence.
In a non-bailable offence, bail is discretionary under Section 480 BNSS (formerly Section 437 CrPC), with limits for offences punishable with death or life imprisonment, though a person who “is a child or is a woman or is sick or infirm” may still be released; the High Court and Court of Session have wider powers under Section 483 (formerly Section 439 CrPC). Anticipatory bail is under Section 482 BNSS (formerly Section 438 CrPC). Section 479 (formerly Section 436A CrPC) releases an undertrial after half the maximum sentence, or a first-time offender after one-third, with exceptions.
Free legal aid for an arrested person
Article 39A, inserted by the Constitution (Forty-second Amendment) Act, 1976, directs the State to “provide free legal aid … to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. Under Section 12 of the Legal Services Authorities Act, 1987, “Every person who has to file or defend a case shall be entitled to legal services” if, among other categories, he is “(g) in custody”, whatever his income, provided the authority is “satisfied that such person has a prima facie case to prosecute or to defend” (Section 13(1)).
In Mihir Rajesh Shah (2025) the Supreme Court said: “If the accused is not represented through a Counsel, he/she should be made aware that he/she is entitled for legal aid.”
Compensation for illegal arrest or detention
There are two different remedies. The first is a writ. Article 32 secures the right to move the Supreme Court for enforcement of fundamental rights and empowers it to issue writs “including writs in the nature of habeas corpus”, and Article 226 gives every High Court power to issue such writs “for the enforcement of any of the rights conferred by Part III and for any other purpose”. In D.K. Basu (1996) the Supreme Court held that “monetary or pecuniary compensation is an appropriate and indeed an effective and sometimes perhaps the only suitable remedy for redressal of the established infringement of the fundamental right to life of a citizen by the public servants and the State is vicariously liable for their acts”, that the defence of sovereign immunity is not available, and that the State may recover the amount from the wrongdoer. It added that such compensation “is also without prejudice to any other action like civil suit for damages”. See the firm’s guide to writ petitions.
The second is a small statutory remedy against a person who caused the arrest. Under Section 399(1) BNSS (formerly Section 358 CrPC), if a person “causes a police officer to arrest another person” and the Magistrate finds “no sufficient ground for causing such arrest”, the Magistrate may award compensation “not exceeding one thousand rupees”, payable by the person who caused the arrest. Complaints of human rights violations by public servants may also be made to the National Human Rights Commission (Section 12(a), Protection of Human Rights Act, 1993).
Landmark cases on arrest in India
Each judgment below was read from the Supreme Court’s own copy; Joginder Kumar and Pankaj Bansal are given in the words of later judgments that quote them.
| Case | Date | What it held |
|---|---|---|
| Joginder Kumar v. State of U.P. (as quoted in D.K. Basu) | 1994, reported in (1994) 4 SCC 260 | “No arrest can be made because it is lawful for the police officer to do so. The existence of the power of arrest is one thing. The justification for the exercise of it is quite another.” |
| D.K. Basu v. State of West Bengal | 18 December 1996 | Eleven requirements “to be followed in all cases of arrest or detention”: name tags, arrest memo, informing a relative or friend, medical examination, lawyer during interrogation, police control room; breach is punishable as contempt; compensation for custodial violations under Articles 32 and 226. |
| Arnesh Kumar v. State of Bihar | 2 July 2014 | No automatic arrest in offences punishable with up to seven years; police checklist under Section 41(1)(b)(ii) CrPC (now Section 35(1)(b) BNSS); Magistrate to record satisfaction before authorising detention; notice of appearance within two weeks. |
| Satender Kumar Antil v. CBI (2026 INSC 115) | 15 January 2026 | For offences punishable with up to seven years, a notice under Section 35(3) BNSS “is the rule” and arrest under Section 35(6) read with Section 35(1)(b) “is a clear exception”; an arrest after a notice must rest on material not available when the notice was issued. |
| Pankaj Bansal v. Union of India (as quoted in Prabir Purkayastha and Mihir Rajesh Shah) | 2023 | Under the money-laundering law, a copy of the written grounds of arrest must be furnished “as a matter of course and without exception”. |
| Prabir Purkayastha v. State (NCT of Delhi) | 15 May 2024 | Any person arrested for any offence “has a fundamental and a statutory right to be informed about the grounds of arrest in writing”; arrest and remand without it were quashed. |
| Mihir Rajesh Shah v. State of Maharashtra | 6 November 2025 | Written grounds of arrest are mandatory in all offences, in a language the arrestee understands, at least two hours before production for remand; otherwise the arrest and remand are illegal. |
D.K. Basu v. State of West Bengal (18 December 1996)
The case began as a 1986 letter about deaths in police lock-ups, treated as a writ petition. Justice A.S. Anand (with Justice Kuldip Singh) asked: “Does a citizen shed off his fundamental right to life, the moment a policeman arrests him? … The answer, indeed, has to be an emphatic ‘No’.”
The Court issued eleven requirements “to be followed in all cases of arrest or detention till legal provisions are made in that behalf as preventive measures”: visible identification and name tags; an attested and countersigned memo of arrest with the time and date; informing a friend or relative and telling the arrestee of this right; a diary entry; an “Inspection Memo” of injuries on request; medical examination “every 48 hours” in custody; copies of documents to the Magistrate; “The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation”; and a police control room displaying information about arrests.
The requirements “flow from Articles 21 and 22 (1) of the Constitution and need to be strictly followed”; failure makes the official liable to departmental action and to be “punished for contempt of court”. Most are now in Sections 36, 37, 38, 48 and 53 BNSS.
Joginder Kumar v. State of U.P. (1994)
D.K. Basu records that Joginder Kumar involved a practising lawyer called to a police station on 7 January 1994 and produced before the Supreme Court on 14 January 1994 on a habeas corpus petition, after which the Court “set down certain procedural ‘requirements’ in cases of arrest”. D.K. Basu quotes the key passage: “No arrest can be made because it is lawful for the police officer to do so. The existence of the power of arrest is one thing. The justification for the exercise of it is quite another.” The passage goes on to say that no arrest should be made “without a reasonable satisfaction reached after some investigation about the genuineness and bonafides of a complaint and a reasonable belief both as to the personтАЩs complicity and even so as to the need to effect arrest”, and ends: “Denying person his liberty is a serious matter.”
Arnesh Kumar v. State of Bihar (2 July 2014)
The appellant feared arrest under Section 498A IPC (now Sections 85 and 86 BNS) and the Dowry Prohibition Act. The Court said: “Arrest brings humiliation, curtails freedom and cast scars forever”, and before arresting, the officer “must put a question to himself, why arrest? Is it really required? What purpose it will serve? What object it will achieve?”
The Court directed that the police must not “automatically arrest” when a Section 498A case is registered; that officers use “a check list containing specified sub-clauses under Section 41(1)(b)(ii)” and send it, with reasons, to the Magistrate, who must authorise detention “only after recording its satisfaction”; and that the notice of appearance under Section 41A CrPC be served within two weeks of the case being instituted. Non-compliance exposes police officers to departmental action and contempt, and Magistrates to departmental action. The directions apply to every offence “punishable with imprisonment for a term which may be less than seven years or which may extend to seven years” (now Section 35(1)(b) and 35(3) to (6) BNSS); for dowry cases, see the firm’s note on bail in a dowry case in Delhi.
Pankaj Bansal (2023) and Prabir Purkayastha (15 May 2024): grounds in writing
Pankaj Bansal v. Union of India arose under the Prevention of Money Laundering Act; as reproduced in Mihir Rajesh Shah, the Court held “that it would be necessary, henceforth, that a copy of such written grounds of arrest is furnished to the arrested person as a matter of course and without exception.”
In Prabir Purkayastha v. State (NCT of Delhi) (15 May 2024, Justices B.R. Gavai and Sandeep Mehta), an arrest under the Unlawful Activities (Prevention) Act, the Court held that “any person arrested for allegation of commission of offences under the provisions of UAPA or for that matter any other offence(s) has a fundamental and a statutory right to be informed about the grounds of arrest in writing and a copy of such written grounds of arrest have to be furnished to the arrested person as a matter of course and without exception at the earliest”. This information, it said, is “the only effective means for the arrested person to consult his Advocate; oppose the police custody remand and to seek bail”, and it declared the arrest and the remand order “invalid in the eyes of law”.
Mihir Rajesh Shah v. State of Maharashtra (6 November 2025)
The accused in this case (FIR No. 378/2024, Worli Police Station) had not been given the grounds of arrest in writing, and the Bombay High Court had upheld the arrest. A bench of Chief Justice B.R. Gavai and Justice Augustine George Masih settled the law for all offences. In the Court’s words:
- “The constitutional mandate of informing the arrestee the grounds of arrest is mandatory in all offences under all statutes including offences under IPC 1860 (now BNS 2023)”;
- “The grounds of arrest must be communicated in writing to the arrestee in the language he/she understands”;
- “In case(s) where, the arresting officer/person is unable to communicate the grounds of arrest in writing on or soon after arrest, it be so done orally. The said grounds be communicated in writing within a reasonable time and in any case at least two hours prior to production of the arrestee for remand proceedings before the magistrate”;
- “In case of non-compliance of the above, the arrest and subsequent remand would be rendered illegal and the person will be at liberty to be set free.”
Where the police “are already in possession of documentary material furnishing a cogent basis for the arrest, the written grounds of arrest must be furnished to the arrestee on his arrest”; oral grounds at first are enough only in “exceptional circumstances such as offences against body or property committed in flagrante delicto”. “The remand papers shall contain the grounds of arrest.” If the schedule is not kept, the arrest is “rendered illegal entitling the release of the arrestee”; after release, the police may apply for remand or custody again “after the supply of the grounds of arrest in writing setting forth the explanation for non-supply thereof”, and the Magistrate is to decide that application “expeditiously and preferably within a week” (para 55). The Court said this procedure “shall govern arrests henceforth” (para 58), that is, arrests made from the judgment of 6 November 2025.
Prepared by Century Law Firm from Article 22 of the Constitution, Sections 36, 38, 47, 48, 53, 58 and 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Supreme Court’s judgment of 6 November 2025.
рдЧрд┐рд░рдлреНрддрд╛рд░ рд╡реНрдпрдХреНрддрд┐ рдХреЗ рдЕрдзрд┐рдХрд╛рд░ тАУ рд╣рд┐рдВрджреА рдореЗрдВ рд╕рд╛рд░рд╛рдВрд╢ (Summary in Hindi)
рдпрд╣ рд╕рд╛рд░рд╛рдВрд╢ Century Law Firm рджреНрд╡рд╛рд░рд╛ рддреИрдпрд╛рд░ рдХрд┐рдпрд╛ рдЧрдпрд╛ рд╣реИред рдЙрджреНрдзрд░рдг рдЪрд┐рд╣реНрдиреЛрдВ рдореЗрдВ рджрд┐рдП рдЧрдП рд╢рдмреНрдж рднрд╛рд░рддреАрдп рдирд╛рдЧрд░рд┐рдХ рд╕реБрд░рдХреНрд╖рд╛ рд╕рдВрд╣рд┐рддрд╛, 2023 рдХреЗ India Code рдкрд░ рдЙрдкрд▓рдмреНрдз рдЖрдзрд┐рдХрд╛рд░рд┐рдХ рд╣рд┐рдВрджреА рдкрд╛рда рд╕реЗ рд▓рд┐рдП рдЧрдП рд╣реИрдВ, рдЬрд┐рд╕рдХреЗ рдЕрдзреНрдпрд╛рдп 5 рдХрд╛ рд╢реАрд░реНрд╖рдХ “рд╡реНрдпрдХреНрддрд┐рдпреЛрдВ рдХреА рдЧрд┐рд░рдлреНрддрд╛рд░реА” рд╣реИред 1 рдЬреБрд▓рд╛рдИ 2024 рд╕реЗ рджрдВрдб рдкреНрд░рдХреНрд░рд┐рдпрд╛ рд╕рдВрд╣рд┐рддрд╛, 1973 (CrPC) рдХреЗ рд╕реНрдерд╛рди рдкрд░ рднрд╛рд░рддреАрдп рдирд╛рдЧрд░рд┐рдХ рд╕реБрд░рдХреНрд╖рд╛ рд╕рдВрд╣рд┐рддрд╛ (BNSS) рд▓рд╛рдЧреВ рд╣реИ; рдЙрд╕рд╕реЗ рдкрд╣рд▓реЗ рд▓рдВрдмрд┐рдд рдЬрд╛рдВрдЪ рдФрд░ рдореБрдХрджрдореЗ рдкреБрд░рд╛рдиреА рд╕рдВрд╣рд┐рддрд╛ рдХреЗ рдЕрдиреБрд╕рд╛рд░ рдЪрд▓рддреЗ рд╣реИрдВ (рдзрд╛рд░рд╛ 531)ред
рд╕рдВрд╡рд┐рдзрд╛рди рдХрд╛ рдЕрдиреБрдЪреНрдЫреЗрдж 22(1) рдХрд╣рддрд╛ рд╣реИ рдХрд┐ рдЧрд┐рд░рдлреНрддрд╛рд░ рд╡реНрдпрдХреНрддрд┐ рдХреЛ рдпрдерд╛рд╢реАрдШреНрд░ рдЧрд┐рд░рдлреНрддрд╛рд░реА рдХреЗ рдЖрдзрд╛рд░ рдмрддрд╛рдП рдмрд┐рдирд╛ рдЕрднрд┐рд░рдХреНрд╖рд╛ рдореЗрдВ рдирд╣реАрдВ рд░рдЦрд╛ рдЬрд╛рдПрдЧрд╛ рдФрд░ рдЙрд╕реЗ рдЕрдкрдиреА рдкрд╕рдВрдж рдХреЗ рд╡рд┐рдзрд┐ рд╡реНрдпрд╡рд╕рд╛рдпреА рд╕реЗ рдкрд░рд╛рдорд░реНрд╢ рдХрд░рдиреЗ рдФрд░ рдмрдЪрд╛рд╡ рдХрд░рд╛рдиреЗ рдХреЗ рдЕрдзрд┐рдХрд╛рд░ рд╕реЗ рд╡рдВрдЪрд┐рдд рдирд╣реАрдВ рдХрд┐рдпрд╛ рдЬрд╛рдПрдЧрд╛ред рдЕрдиреБрдЪреНрдЫреЗрдж 22(2) рдХреЗ рдЕрдиреБрд╕рд╛рд░ рдЙрд╕реЗ рдЧрд┐рд░рдлреНрддрд╛рд░реА рдХреЗ рдЪреМрдмреАрд╕ рдШрдВрдЯреЗ рдХреЗ рднреАрддрд░, рдпрд╛рддреНрд░рд╛ рдХрд╛ рд╕рдордп рдЫреЛрдбрд╝рдХрд░, рдирд┐рдХрдЯрддрдо рдордЬрд┐рд╕реНрдЯреНрд░реЗрдЯ рдХреЗ рд╕рд╛рдордиреЗ рдкреЗрд╢ рдХрд░рдирд╛ рд╣реЛрдЧрд╛ред рдЕрдиреБрдЪреНрдЫреЗрдж 20(3) рдХреЗ рдЕрдиреБрд╕рд╛рд░ рдХрд┐рд╕реА рдЕрднрд┐рдпреБрдХреНрдд рдХреЛ рдЕрдкрдиреЗ рд╣реА рд╡рд┐рд░реБрджреНрдз рдЧрд╡рд╛рд╣ рдмрдирдиреЗ рдХреЗ рд▓рд┐рдП рд╡рд┐рд╡рд╢ рдирд╣реАрдВ рдХрд┐рдпрд╛ рдЬрд╛ рд╕рдХрддрд╛, рдФрд░ рдкреБрд▓рд┐рд╕ рдЕрдзрд┐рдХрд╛рд░реА рдХреЗ рд╕рд╛рдордиреЗ рдХреА рдЧрдИ рд╕рдВрд╕реНрд╡реАрдХреГрддрд┐ рдЕрднрд┐рдпреБрдХреНрдд рдХреЗ рд╡рд┐рд░реБрджреНрдз рд╕рд╛рдмрд┐рдд рдирд╣реАрдВ рдХреА рдЬрд╛ рд╕рдХрддреА (рднрд╛рд░рддреАрдп рд╕рд╛рдХреНрд╖реНрдп рдЕрдзрд┐рдирд┐рдпрдо, 2023 рдХреА рдзрд╛рд░рд╛ 23)ред
рдзрд╛рд░рд╛ 35 BNSS (рдкрд╣рд▓реЗ рдзрд╛рд░рд╛ 41 рдФрд░ 41A CrPC) рдмрддрд╛рддреА рд╣реИ рдХрд┐ рдкреБрд▓рд┐рд╕ “рд╡рд╛рд░рдВрдЯ рдХреЗ рдмрд┐рдирд╛ рдХрдм рдЧрд┐рд░рдлреНрддрд╛рд░ рдХрд░ рд╕рдХреЗрдЧреА”ред рд╕рд╛рдд рд╡рд░реНрд╖ рддрдХ рдХреЗ рдХрд╛рд░рд╛рд╡рд╛рд╕ рд╡рд╛рд▓реЗ рд╕рдВрдЬреНрдЮреЗрдп рдЕрдкрд░рд╛рдз рдореЗрдВ рдЧрд┐рд░рдлреНрддрд╛рд░реА рддрднреА рд╣реЛ рд╕рдХрддреА рд╣реИ рдЬрдм рд╡рд╣ рдЖрд╡рд╢реНрдпрдХ рд╣реЛ, рдФрд░ рдкреБрд▓рд┐рд╕ рдЕрдзрд┐рдХрд╛рд░реА рдХреЛ рдЕрдкрдиреЗ рдХрд╛рд░рдг “рд▓реЗрдЦрдмрджреНрдз” рдХрд░рдиреЗ рд╣реЛрдВрдЧреЗред рдЬрд╣рд╛рдВ рдЧрд┐рд░рдлреНрддрд╛рд░реА рдЕрдкреЗрдХреНрд╖рд┐рдд рдирд╣реАрдВ рд╣реИ, рд╡рд╣рд╛рдВ рдкреБрд▓рд┐рд╕ рдЙрдкрд╕реНрдерд┐рдд рд╣реЛрдиреЗ рдХреЗ рд▓рд┐рдП “рд╕реВрдЪрдирд╛” рдЬрд╛рд░реА рдХрд░реЗрдЧреА, рдФрд░ рдЬреЛ рд╡реНрдпрдХреНрддрд┐ рд╕реВрдЪрдирд╛ рдХрд╛ рдкрд╛рд▓рди рдХрд░рддрд╛ рд░рд╣рддрд╛ рд╣реИ рдЙрд╕реЗ рд╕рд╛рдорд╛рдиреНрдпрддрдГ рдЧрд┐рд░рдлреНрддрд╛рд░ рдирд╣реАрдВ рдХрд┐рдпрд╛ рдЬрд╛рдПрдЧрд╛ред рдзрд╛рд░рд╛ 35(7) рдХреЗ рдЕрдиреБрд╕рд╛рд░ рддреАрди рд╡рд░реНрд╖ рд╕реЗ рдХрдо рдХреЗ рдХрд╛рд░рд╛рд╡рд╛рд╕ рд╡рд╛рд▓реЗ рдЕрдкрд░рд╛рдз рдореЗрдВ, рдЬреЛ рд╡реНрдпрдХреНрддрд┐ “рд╢рд┐рдерд┐рд▓рд╛рдВрдЧ” рд╣реИ рдпрд╛ “рд╕рд╛рда рд╡рд░реНрд╖ рд╕реЗ рдЕрдзрд┐рдХ рдХреА рдЖрдпреБ рдХрд╛” рд╣реИ, рдЙрд╕рдХреА рдЧрд┐рд░рдлреНрддрд╛рд░реА рдкреБрд▓рд┐рд╕ рдЙрдк рдЕрдзреАрдХреНрд╖рдХ рд╕реЗ рдиреАрдЪреЗ рдХреА рдкрдВрдХреНрддрд┐ рдХреЗ рди рд╣реЛрдиреЗ рд╡рд╛рд▓реЗ рдЕрдзрд┐рдХрд╛рд░реА рдХреА рдкреВрд░реНрд╡ рдЕрдиреБрдорддрд┐ рдХреЗ рдмрд┐рдирд╛ рдирд╣реАрдВ рд╣реЛрдЧреАред рдЕрд╕рдВрдЬреНрдЮреЗрдп рдЕрдкрд░рд╛рдз рдореЗрдВ рдордЬрд┐рд╕реНрдЯреНрд░реЗрдЯ рдХреЗ рд╡рд╛рд░рдВрдЯ рдпрд╛ рдЖрджреЗрд╢ рдХреЗ рдмрд┐рдирд╛ рдЧрд┐рд░рдлреНрддрд╛рд░реА рдирд╣реАрдВ рд╣реЛрддреАред
рдзрд╛рд░рд╛ 36 рдХреЗ рдЕрдиреБрд╕рд╛рд░ рдкреБрд▓рд┐рд╕ рдЕрдзрд┐рдХрд╛рд░реА рдЕрдкрдиреЗ рдирд╛рдо рдХреА рд╕реНрдкрд╖реНрдЯ рдкрд╣рдЪрд╛рди рдзрд╛рд░рдг рдХрд░реЗрдЧрд╛ рдФрд░ “рдЧрд┐рд░рдлреНрддрд╛рд░реА рдХрд╛ рдПрдХ рдЬреНрдЮрд╛рдкрди” рддреИрдпрд╛рд░ рдХрд░реЗрдЧрд╛, рдЬрд┐рд╕ рдкрд░ рдПрдХ рд╕рд╛рдХреНрд╖реА рдФрд░ рдЧрд┐рд░рдлреНрддрд╛рд░ рд╡реНрдпрдХреНрддрд┐ рдХреЗ рд╣рд╕реНрддрд╛рдХреНрд╖рд░ рд╣реЛрдВрдЧреЗред рдзрд╛рд░рд╛ 38 рдХреЗ рдЕрдиреБрд╕рд╛рд░ рдЧрд┐рд░рдлреНрддрд╛рд░ рд╡реНрдпрдХреНрддрд┐ “рдкреВрдЫрддрд╛рдЫ рдХреЗ рджреМрд░рд╛рди рдЕрдкрдиреА рдкрд╕рдВрдж рдХреЗ рдЕрдзрд┐рд╡рдХреНрддрд╛ рд╕реЗ рдорд┐рд▓рдиреЗ рдХрд╛ рд╣рдХрджрд╛рд░ рд╣реЛрдЧрд╛ рдХрд┐рдВрддреБ рд╕рдВрдкреВрд░реНрдг рдкреВрдЫрддрд╛рдЫ рдХреЗ рджреМрд░рд╛рди рдирд╣реАрдВ”ред
рдзрд╛рд░рд╛ 47 рдХреЗ рдЕрдиреБрд╕рд╛рд░ рдЕрдкрд░рд╛рдз рдХреА “рдкреВрд░реНрдг рд╡рд┐рд╢рд┐рд╖реНрдЯрд┐рдпрд╛рдВ” рдпрд╛ рдЧрд┐рд░рдлреНрддрд╛рд░реА рдХреЗ рдЕрдиреНрдп рдЖрдзрд╛рд░ рддреБрд░рдВрдд рдмрддрд╛рдиреЗ рд╣реЛрдВрдЧреЗ, рдФрд░ рдЬрдорд╛рдирддреАрдп рдЕрдкрд░рд╛рдз рдореЗрдВ рдпрд╣ рднреА рдХрд┐ рд╡реНрдпрдХреНрддрд┐ “рдЬрдорд╛рдирдд рдкрд░ рдЫреЛрдбрд╝реЗ рдЬрд╛рдиреЗ рдХрд╛ рд╣рдХрджрд╛рд░ рд╣реИ”ред рдзрд╛рд░рд╛ 48 рдХреЗ рдЕрдиреБрд╕рд╛рд░ рдЧрд┐рд░рдлреНрддрд╛рд░реА рдФрд░ рд░рдЦреЗ рдЬрд╛рдиреЗ рдХреЗ рд╕реНрдерд╛рди рдХреА рдЬрд╛рдирдХрд╛рд░реА рдЙрд╕рдХреЗ “рдорд┐рддреНрд░реЛрдВ, рдирд╛рддреЗрджрд╛рд░реЛрдВ” рдпрд╛ рдмрддрд╛рдП рдЧрдП рд╡реНрдпрдХреНрддрд┐ рдХреЛ рддреБрд░рдВрдд рджреА рдЬрд╛рдПрдЧреАред рдзрд╛рд░рд╛ 53 рдХреЗ рдЕрдиреБрд╕рд╛рд░ рдЪрд┐рдХрд┐рддреНрд╕рд╛ рдЕрдзрд┐рдХрд╛рд░реА рджреНрд╡рд╛рд░рд╛ рдЬрд╛рдВрдЪ рд╣реЛрдЧреА, рдФрд░ рдзрд╛рд░рд╛ 46 рдХрд╣рддреА рд╣реИ рдХрд┐ рднрд╛рдЧрдиреЗ рд╕реЗ рд░реЛрдХрдиреЗ рдХреЗ рд▓рд┐рдП рдЖрд╡рд╢реНрдпрдХ рд╕реЗ рдЕрдзрд┐рдХ “рдЕрд╡рд░реБрджреНрдз” рдирд╣реАрдВ рдХрд┐рдпрд╛ рдЬрд╛рдПрдЧрд╛ред
рдорд╣рд┐рд▓рд╛рдУрдВ рдХреЗ рд▓рд┐рдП рдзрд╛рд░рд╛ 43(5) рдХрд╣рддреА рд╣реИ рдХрд┐ рдЕрд╕рд╛рдзрд╛рд░рдг рдкрд░рд┐рд╕реНрдерд┐рддрд┐рдпреЛрдВ рдХреЗ рд╕рд┐рд╡рд╛рдп рдХреЛрдИ рдорд╣рд┐рд▓рд╛ “рд╕реВрд░реНрдпрд╛рд╕реНрдд рдХреЗ рдкрд╢реНрдЪрд╛рддреН рдФрд░ рд╕реВрд░реНрдпреЛрджрдп рд╕реЗ рдкрд╣рд▓реЗ” рдЧрд┐рд░рдлреНрддрд╛рд░ рдирд╣реАрдВ рдХреА рдЬрд╛рдПрдЧреА, рдФрд░ рдРрд╕реА рдкрд░рд┐рд╕реНрдерд┐рддрд┐ рдореЗрдВ рдорд╣рд┐рд▓рд╛ рдкреБрд▓рд┐рд╕ рдЕрдзрд┐рдХрд╛рд░реА “рдкреНрд░рдердо рд╢реНрд░реЗрдгреА рдХреЗ рдордЬрд┐рд╕реНрдЯреНрд░реЗрдЯ рдХреА рдкреВрд░реНрд╡ рдЕрдиреБрдорддрд┐” рд▓реЗрдЧреАред рдорд╣рд┐рд▓рд╛ рдХреА рддрд▓рд╛рд╢реА рдорд╣рд┐рд▓рд╛ рджреНрд╡рд╛рд░рд╛ рд╣реА рд╣реЛрдЧреА (рдзрд╛рд░рд╛ 49(2)), рдФрд░ рдЙрд╕рдХреА рд╢рд╛рд░реАрд░рд┐рдХ рдЬрд╛рдВрдЪ рдорд╣рд┐рд▓рд╛ рдЪрд┐рдХрд┐рддреНрд╕рд╛ рдЕрдзрд┐рдХрд╛рд░реА рджреНрд╡рд╛рд░рд╛ рдпрд╛ рдЙрд╕рдХреА рджреЗрдЦрд░реЗрдЦ рдореЗрдВ рд╣реЛрдЧреА (рдзрд╛рд░рд╛ 53)ред
рдзрд╛рд░рд╛ 58 рдХрд╛ рд╢реАрд░реНрд╖рдХ рд╣реИ тАУ “рдЧрд┐рд░рдлреНрддрд╛рд░ рдХрд┐рдП рдЧрдП рд╡реНрдпрдХреНрддрд┐ рдХрд╛ рдЪреМрдмреАрд╕ рдШрдВрдЯреЗ рд╕реЗ рдЕрдзрд┐рдХ рдирд┐рд░реБрджреНрдз рди рдХрд┐рдпрд╛ рдЬрд╛рдирд╛”ред рдЗрд╕рд╕реЗ рдЕрдзрд┐рдХ рдЕрднрд┐рд░рдХреНрд╖рд╛ рдХреЗ рд▓рд┐рдП рдзрд╛рд░рд╛ 187 рдХреЗ рдЕрдзреАрди рдордЬрд┐рд╕реНрдЯреНрд░реЗрдЯ рдХрд╛ рдЖрджреЗрд╢ рдЪрд╛рд╣рд┐рдП; рдкрд╣рд▓реА рдЕрд╡рдзрд┐ рдореЗрдВ рдордЬрд┐рд╕реНрдЯреНрд░реЗрдЯ рдХреБрд▓ рдкрдВрджреНрд░рд╣ рджрд┐рди рддрдХ рдХреА рдЕрднрд┐рд░рдХреНрд╖рд╛, рдПрдХ рдмрд╛рд░ рдореЗрдВ рдпрд╛ рднрд╛рдЧреЛрдВ рдореЗрдВ, рдкреНрд░рд╛рдзрд┐рдХреГрдд рдХрд░ рд╕рдХрддрд╛ рд╣реИред рд╣рд┐рд░рд╛рд╕рдд рдореЗрдВ рд╡реНрдпрдХреНрддрд┐ рдзрд╛рд░рд╛ 12(g), рд╡рд┐рдзрд┐рдХ рд╕реЗрд╡рд╛ рдкреНрд░рд╛рдзрд┐рдХрд░рдг рдЕрдзрд┐рдирд┐рдпрдо, 1987 рдХреЗ рдЕрдзреАрди рдореБрдлреНрдд рдХрд╛рдиреВрдиреА рд╕рд╣рд╛рдпрддрд╛ рдХрд╛ рд╣рдХрджрд╛рд░ рд╣реИред
рд╕рд░реНрд╡реЛрдЪреНрдЪ рдиреНрдпрд╛рдпрд╛рд▓рдп рдХреЗ рдкреНрд░рдореБрдЦ рдирд┐рд░реНрдгрдп: рдбреА.рдХреЗ. рдмрд╕реБ рдмрдирд╛рдо рдкрд╢реНрдЪрд┐рдо рдмрдВрдЧрд╛рд▓ рд░рд╛рдЬреНрдп (18 рджрд┐рд╕рдВрдмрд░ 1996) рдореЗрдВ рдЧрд┐рд░рдлреНрддрд╛рд░реА рдХреЗ рдЧреНрдпрд╛рд░рд╣ рдирд┐рдпрдо рджрд┐рдП рдЧрдП; рдЕрд░реНрдиреЗрд╢ рдХреБрдорд╛рд░ рдмрдирд╛рдо рдмрд┐рд╣рд╛рд░ рд░рд╛рдЬреНрдп (2 рдЬреБрд▓рд╛рдИ 2014) рдореЗрдВ рд╕рд╛рдд рд╡рд░реНрд╖ рддрдХ рдХреА рд╕рдЬрд╛ рд╡рд╛рд▓реЗ рдЕрдкрд░рд╛рдзреЛрдВ рдореЗрдВ рд╕реНрд╡рддрдГ рдЧрд┐рд░рдлреНрддрд╛рд░реА рд░реЛрдХреА рдЧрдИ; рд╕рддреЗрдВрджрд░ рдХреБрдорд╛рд░ рдЕрдВрддрд┐рд▓ (15 рдЬрдирд╡рд░реА 2026) рдореЗрдВ рдХрд╣рд╛ рдЧрдпрд╛ рдХрд┐ рд╕рд╛рдд рд╡рд░реНрд╖ рддрдХ рдХреА рд╕рдЬрд╛ рд╡рд╛рд▓реЗ рдЕрдкрд░рд╛рдзреЛрдВ рдореЗрдВ рдзрд╛рд░рд╛ 35(3) рдХреА рд╕реВрдЪрдирд╛ рдирд┐рдпрдо рд╣реИ рдФрд░ рдЧрд┐рд░рдлреНрддрд╛рд░реА рдЕрдкрд╡рд╛рдж; рдкреНрд░рдмреАрд░ рдкреБрд░рдХрд╛рдпрд╕реНрде (15 рдордИ 2024) рдореЗрдВ рдХрд╣рд╛ рдЧрдпрд╛ рдХрд┐ рдЧрд┐рд░рдлреНрддрд╛рд░реА рдХреЗ рдЖрдзрд╛рд░ рд▓рд┐рдЦрд┐рдд рд░реВрдк рдореЗрдВ рдпрдерд╛рд╢реАрдШреНрд░ рджреЗрдиреЗ рд╣реЛрдВрдЧреЗ; рдорд┐рд╣рд┐рд░ рд░рд╛рдЬреЗрд╢ рд╢рд╛рд╣ (6 рдирд╡рдВрдмрд░ 2025) рдореЗрдВ рдХрд╣рд╛ рдЧрдпрд╛ рдХрд┐ рдпреЗ рдЖрдзрд╛рд░ рдЧрд┐рд░рдлреНрддрд╛рд░ рд╡реНрдпрдХреНрддрд┐ рдХреА рд╕рдордЭ рдХреА рднрд╛рд╖рд╛ рдореЗрдВ, рдФрд░ рд░рд┐рдорд╛рдВрдб рдХреЗ рд▓рд┐рдП рдкреЗрд╢реА рд╕реЗ рдХрдо рд╕реЗ рдХрдо рджреЛ рдШрдВрдЯреЗ рдкрд╣рд▓реЗ, рд▓рд┐рдЦрд┐рдд рд░реВрдк рдореЗрдВ рджреЗрдиреЗ рд╣реЛрдВрдЧреЗ, рд╡рд░рдирд╛ рдЧрд┐рд░рдлреНрддрд╛рд░реА рдФрд░ рд░рд┐рдорд╛рдВрдб рдЕрд╡реИрдз рд╣реЛрдВрдЧреЗред
Frequently asked questions
An arrestee is a person who has been arrested. Under Section 43(1) BNSS (formerly Section 46 CrPC), an arrest is made by actually touching or confining the body of the person, unless he submits to custody by word or action. From then on he has the rights in Article 22 of the Constitution and Chapter V of the BNSS.
The BNSS has no one-line definition, but Section 43(1) BNSS (formerly Section 46 CrPC) says the person making the arrest “shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action”. An arrest may be made only in accordance with the BNSS or another law providing for arrest (Section 62 BNSS).
Yes, but only in the cases listed in Section 35(1) BNSS (formerly Section 41 CrPC). For a cognizable offence punishable with up to seven years, arrest must be necessary for a listed purpose and reasons must be recorded in writing; otherwise a notice to appear is issued (Section 35(3)). For a non-cognizable offence, a Magistrate’s warrant or order is needed (Section 35(2)), and the grounds must be told forthwith (Section 47).
To be told the grounds of arrest (Article 22(1); Section 47 BNSS), in writing (Mihir Rajesh Shah, 2025); to consult a lawyer of choice and meet an advocate during interrogation (Section 38); to have a relative or friend informed (Section 48); a medical examination (Section 53); protection against self-incrimination (Article 20(3)); and production before a Magistrate within 24 hours (Article 22(2); Section 58).
From 1 July 2024 they are in Chapter V of the BNSS: arrest memo (Section 36, formerly 41B CrPC), advocate during interrogation (38, formerly 41D), no unnecessary restraint (46, formerly 49), grounds and bail (47, formerly 50), informing a relative (48, formerly 50A), medical examination (53, formerly 54) and the 24-hour limit (58, formerly 57). Cases pending on 1 July 2024 continue under the CrPC (Section 531 BNSS).
No. The arrested person “shall not be subjected to more restraint than is necessary to prevent his escape” (Section 46 BNSS, formerly Section 49 CrPC). The new Section 43(3) BNSS allows handcuffs, keeping in view the nature and gravity of the offence, only for habitual or repeat offenders, escapees, and persons accused of listed grave offences such as organised crime, terrorist acts, murder, rape or offences against the State.
No. A person arrested without warrant cannot be held more than 24 hours, excluding journey time, without a Magistrate’s order under Section 187 (Section 58 BNSS; Article 22(2)). Under Section 187 BNSS (formerly Section 167 CrPC), total detention during investigation cannot exceed ninety days for offences punishable with death, life or ten years or more, or sixty days for others; then the accused is released if he furnishes bail.
Where arrest is not required under Section 35(1), the police “shall” issue a notice to appear (Section 35(3) BNSS). The person must comply (Section 35(4)); if he complies, he shall not be arrested unless the officer records reasons (Section 35(5)); if he does not, he may be arrested (Section 35(6)). In Satender Kumar Antil v. CBI (15 January 2026) the Supreme Court held that for offences punishable with up to seven years this notice “is the rule” and arrest “a clear exception”, and that an arrest after a notice must rest on material not available when the notice was issued.
A direction that a person be released on bail if arrested. Under Section 482 BNSS (formerly Section 438 CrPC), a person who has reason to believe he may be arrested for a non-bailable offence may apply to the High Court or the Court of Session, which may grant it with conditions such as joining interrogation and not leaving India without permission. It does not apply to accusations under Section 65 and Section 70(2) BNS.
Yes. In D.K. Basu v. State of West Bengal (18 December 1996) the Supreme Court laid down eleven requirements for every arrest, including name tags, an arrest memo, informing a relative, medical examination every 48 hours and a police control room, enforceable by departmental action and contempt. Most are now in Sections 36, 37, 38, 48 and 53 BNSS, and Section 56 BNSS makes the custodian responsible for the accused’s health and safety.
For arrests from 6 November 2025, if written grounds were not supplied in time, the arrest and remand are illegal and the person is to be released, though the police may seek remand afresh after supplying the grounds (Mihir Rajesh Shah, paras 55 and 58). Illegal detention can be challenged by habeas corpus under Article 226 or 32, and D.K. Basu (1996) held that compensation against the State is an appropriate remedy. The National Human Rights Commission can inquire into complaints (Section 12, Protection of Human Rights Act, 1993).
No. Article 20(3) says no accused “shall be compelled to be a witness against himself”. A confession caused by inducement, threat, coercion or promise is irrelevant (Section 22 BSA, formerly Section 24 of the Evidence Act); a confession to a police officer cannot be proved against the accused (Section 23(1) BSA); and one made in police custody cannot be proved unless made in the immediate presence of a Magistrate (Section 23(2) BSA).
It makes the right to a lawyer real for those who cannot pay. Article 39A directs the State to provide free legal aid, and Section 12(g) of the Legal Services Authorities Act, 1987 entitles a person “in custody” to legal services, whatever his income, if the authority finds a prima facie case (Section 13). In Mihir Rajesh Shah (2025) the Supreme Court said an unrepresented accused must be told of this entitlement.
Yes. Every arrested person “shall be examined” by a government medical officer, or a registered medical practitioner, soon after arrest; injuries must be recorded and a copy given to the arrested person or his nominee (Section 53 BNSS, formerly Section 54 CrPC). Separately, a doctor may examine an accused at police request to collect evidence such as blood or DNA (Section 51 BNSS). Women are examined only by or under female doctors.
Yes. Among the landmark cases on arrest are Joginder Kumar v. State of U.P. (1994, as quoted in D.K. Basu: the power to arrest must be justified), D.K. Basu v. State of West Bengal (18 December 1996: eleven requirements for every arrest), Arnesh Kumar v. State of Bihar (2 July 2014: no automatic arrest in offences punishable with up to seven years), Satender Kumar Antil v. CBI (15 January 2026: notice under Section 35(3) BNSS is the rule), Prabir Purkayastha (15 May 2024) and Mihir Rajesh Shah (6 November 2025: grounds of arrest in writing).
Long custody before trial takes liberty before guilt is proved, so the BNSS sets limits: custody during investigation is capped at sixty or ninety days (Section 187); an accused in custody whose Magistrate trial for a non-bailable offence is not concluded within sixty days from the first date for evidence is to be released on bail unless reasons are recorded (Section 480(6)); and undertrials are released after half the maximum sentence, with exceptions (Section 479).
Yes. In a bailable offence a person prepared to give bail “shall be released on bail” (Section 478 BNSS, formerly Section 436 CrPC), and the police must tell him so (Section 47(2)). In a non-bailable offence bail is discretionary under Section 480 BNSS (formerly Section 437 CrPC), and the High Court and Court of Session have wider powers under Section 483.
Magistrates check every arrest: they must satisfy themselves that the arrested person was told of the right to have someone informed and that the police-station book records who was informed (Section 48(4) BNSS) and record reasons before authorising police custody (Section 187(7)), and Arnesh Kumar (2014) said a Magistrate is “duty bound not to authorise his further detention and release the accused” if the arrest is not justified. High Courts and the Supreme Court issue writs under Articles 226 and 32.
Yes, in general. Article 22(1) and (2) protect any “person who is arrested”, except an enemy alien or a person under preventive detention (Article 22(3)), and the BNSS speaks of “any person”. Prabir Purkayastha (2024) quotes an earlier ruling, Roy V.D. v. State of Kerala, that Article 21 protects aliens as well as citizens. Where a person not resident in India is arrested under Section 39 BNSS for refusing to give his name and residence, his bail bond “shall be secured by a surety or sureties resident in India”.
You may choose your own lawyer. Article 22(1) gives the right “to consult, and to be defended by, a legal practitioner of his choice”, and Section 38 BNSS gives the right to meet “an advocate of his choice” during interrogation, though not throughout it. A legal aid lawyer under the Legal Services Authorities Act, 1987 is available to persons in custody who want one; it is not compulsory.
The grounds of arrest must be given in a language you understand. In Mihir Rajesh Shah v. State of Maharashtra (6 November 2025), the Supreme Court held that “The grounds of arrest must be communicated in writing to the arrestee in the language he/she understands”. The judgment also noted that NALSA’s early-access guidelines provide for a translated copy of documents for the arrested person.
In limited cases. Under Section 185 BNSS (formerly Section 165 CrPC), the officer in charge or investigating officer may search a place within his police station limits if something needed for the investigation cannot otherwise be obtained without undue delay, after recording the grounds in the case diary. The search is to be recorded through audio-video electronic means, preferably by mobile phone (Section 185(2)); copies of the written record of grounds must reach the Magistrate within 48 hours, and the owner or occupier gets a free copy on application (Section 185(5)).
Tell the Magistrate when you are produced (he must satisfy himself that you were told of your right to have someone informed and that the police book records it, Section 48(4) BNSS) and your advocate or legal aid lawyer. An arrest made from 6 November 2025 without written grounds given in time can be challenged as illegal (Mihir Rajesh Shah), and illegal detention by habeas corpus under Article 226 or 32. A complaint can also go to the National Human Rights Commission (Section 12, Protection of Human Rights Act, 1993).
Only if the post is an offence and the conditions for arrest are met. Promoting enmity under Section 196 BNS (formerly Section 153A IPC) is cognizable and punishable with up to three years, so arrest must be necessary with reasons recorded, otherwise a notice to appear is issued (Section 35 BNSS). Defamation under Section 356(2) BNS is non-cognizable, so no arrest without a Magistrate’s warrant or order (Section 35(2)).
Ask for the arrest memo (Section 36 BNSS), name a relative or friend to be informed (Section 48), ask for written grounds of arrest (Section 47; Mihir Rajesh Shah, 2025), ask for the medical examination and its report (Section 53), meet your advocate during interrogation (Section 38), and insist on production before a Magistrate within 24 hours (Section 58). The custodian must take reasonable care of your health and safety (Section 56).
Yes. A woman’s submission on oral intimation is presumed and, unless circumstances require or the officer is a female, she shall not be touched (Section 43(1) BNSS). Save in exceptional circumstances, no woman is arrested after sunset and before sunrise, and then only with a first-class Magistrate’s prior permission (Section 43(5)). She is searched only by another woman (Section 49(2)) and medically examined only by or under the supervision of a female doctor (Sections 51(2), 53(1)). Like everyone, she must be told the grounds of arrest and of her right to have a relative informed (Sections 47, 48(2)).
Article 19(1)(b) gives citizens the right “to assemble peaceably and without arms”, subject to reasonable restrictions for sovereignty and integrity or public order (Article 19(3)). An arrest must be for an offence or other legal ground and follow the BNSS (Section 62). Section 170 BNSS (formerly Section 151 CrPC) allows arrest to prevent a cognizable offence, but detention beyond 24 hours needs other legal authority.
If a person forcibly resists or evades arrest, the officer “may use all means necessary to effect the arrest”, but not cause the death of a person not accused of an offence punishable with death or life imprisonment (Section 43(2) and (4) BNSS). Intentionally resisting lawful apprehension is a separate offence under Section 262 BNS (formerly Section 224 IPC), punishable with up to two years in addition to the original offence.
For information in a computer resource, interception needs a government order. Under Section 69 of the Information Technology Act, 2000, the Central or a State Government, or a specially authorised officer, may by order and for reasons recorded in writing direct an agency to intercept, monitor or decrypt information, only on the listed grounds such as security of the State, public order or investigation of an offence, and subject to prescribed safeguards.
Yes. Under Section 10 of the Juvenile Justice (Care and Protection of Children) Act, 2015, a child apprehended by the police is placed under the special juvenile police unit or child welfare police officer and produced before the Juvenile Justice Board within 24 hours, excluding journey time, and “in no case” placed in a police lockup or jail. Under Section 12, such a child is to be released on bail, with or without surety, or placed under supervision, unless release is likely to bring the child into association with any known criminal, expose the child to danger or defeat the ends of justice. The police must also inform the parent or guardian and the probation officer as soon as possible (Section 13).
Often, yes. The BNSS limitation period bars a court from taking cognizance only of minor offences: six months for fine only, one year for imprisonment up to one year, and three years for imprisonment between one and three years (Section 514 BNSS, formerly Section 468 CrPC). Even then the court may extend time if the delay is explained (Section 519). Offences punishable with more than three years have no such limit.
Arrest is taking a person into custody under a power given by law (Sections 35 to 62 and 170 BNSS), by touching or confining the body or by submission (Section 43), followed by production before a Magistrate within 24 hours (Section 58). Detention also covers custody authorised by a Magistrate (Section 187) and preventive detention under laws such as the National Security Act, 1980, to which Article 22(1) and (2) do not apply; its safeguards are in Article 22(4) to (7).
No. Article 22(1) requires the grounds of arrest to be told as soon as may be, and Section 47(1) BNSS (formerly Section 50 CrPC) requires full particulars of the offence forthwith; under a warrant, its substance must be notified (Section 77 BNSS, formerly Section 75 CrPC). For arrests from 6 November 2025, Mihir Rajesh Shah requires written grounds in the arrestee’s language at least two hours before remand; otherwise the arrestee is released, and the police may apply for remand again after supplying them.
Conclusion
The rights of an arrested person in India rest on Articles 20(3), 21 and 22 of the Constitution and on Chapter V of the BNSS, which carried forward the CrPC safeguards from 1 July 2024 and added Section 35(7) for elderly and infirm persons, the handcuff rule in Section 43(3) and a second medical examination under Section 53. The landmark cases on arrest, from Joginder Kumar and D.K. Basu to Arnesh Kumar, Prabir Purkayastha and Mihir Rajesh Shah, insist that the power to arrest must be justified, recorded and explained in writing to the person arrested.
Where these safeguards are missed, the Magistrate, the High Court and the Supreme Court can intervene, and an arrest without written grounds given in time is illegal.
Sources used for this post: Constitution of India, Articles 19(1)(b) and 19(3), 20(3), 21, 22, 32, 39A and 226 (Legislative Department, The Constitution of India 2026, as on 10 September 2026); Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), Sections 2(1)(b)тАУ(e), 35 to 62, 77, 78, 170, 185, 187, 399, 478 to 483, 514, 519 and 531 (India Code, as on 6 October 2025; in force from 1 July 2024 by S.O. 848(E) dated 23 February 2024), and its official Hindi text (India Code, 202346.pdf, Chapter V and Section 58); Bharatiya Sakshya Adhiniyam, 2023, Sections 22 and 23 (India Code, as on 6 October 2025); Legal Services Authorities Act, 1987, Sections 12 and 13 (India Code, a1987-39.pdf); Protection of Human Rights Act, 1993, Section 12 (India Code); Juvenile Justice (Care and Protection of Children) Act, 2015, Sections 10 and 12 (India Code); Information Technology Act, 2000, Section 69 (India Code, as on 27 June 2025); the firm’s Gazette-checked CrPCтАУBNSS, IPCтАУBNS and Evidence ActтАУBSA section mapping; Supreme Court of India: D.K. Basu v. State of West Bengal, 18 December 1996 (official copy); Arnesh Kumar v. State of Bihar, Criminal Appeal No. 1277 of 2014, 2 July 2014 (official copy); Satender Kumar Antil v. Central Bureau of Investigation, MA No. 2034 of 2022 in SLP (Crl.) No. 5191 of 2021, 2026 INSC 115, 15 January 2026 (official copy); Prabir Purkayastha v. State (NCT of Delhi), 2024 INSC 414, 15 May 2024 (official copy); Mihir Rajesh Shah v. State of Maharashtra, Criminal Appeal No. 2195 of 2025, 2025 INSC 1288, 6 November 2025 (official copy). Joginder Kumar v. State of U.P. is quoted as reproduced in D.K. Basu, and Pankaj Bansal v. Union of India as reproduced in Mihir Rajesh Shah and referred to in Prabir Purkayastha.