Home / Legal Explainers / Police & Courts / Police / Arrest / Rights While Being Arrested

Rights While Being Arrested

Last updated on Jul 12, 2022

Upon being arrested you have certain rights, namely:

 

  • You can ask the police to identify themselves as they should bear accurate, visible and clear identification and name tags with their designations.
  • You can ask the police to call your lawyer. If you do not have a lawyer or cannot afford a lawyer, then you can ask the court to appoint a lawyer for you. 
  • You can ask the police to show the warrant for arrest, police report and other documents for your arrest and the police are required to show you this.
  • You should verify the accuracy of the memo of arrest prepared by the police before signing it. The memo of arrest should contain the date and time of arrest and should be attested by at least one witness.  
  • You should be informed about your eligibility for bail for the offence by the police.
  • You can ask to be examined for major and minor injuries on your body by a trained doctor and the police must comply. This examination has to be done every 48 hours if you are in their custody. This physical examination has to be recorded in the Inspection Memo and signed by the police officer. This is done to prevent violence by police while you are in their custody.
  • You should get a copy of the signed Inspection Memo.

How useful was this post?

Click on a star to rate it!

Average rating 5 / 5. Vote count: 1

No votes so far! Be the first to rate this post.

Please share your feedback about this post!

Sharing feedback will help us improve our content. Tell us how!

If you want to keep your feedback confidential, please mention it in your feedback. If you have a question, please ask us in the comments or Ask Nyaaya sections.

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Ask Nyaaya

Related Resources

Guide to Lawful Protesting

The Guide to Lawful Protesting helps you understand your right to protest as a citizen and empowers you with the knowledge of how to carry out lawful protests.
citizen rights icon

Rights of LGBTQ+ Persons While Being Arrested

You are not supposed to be mistreated by police officers while being arrested based on your sexual orientation or your gender identity. So it is helpful to know the 5 rights you have under the law.
Crimes and Violence

Custodial Harassment of LGBTQ+ Persons by Police

If you are arrested, you will be in the custody of the police at the police station for 24 hours, till they take you to the nearest Magistrate (Court). They can keep you for 15 more days only if they get the permission of the Magistrate.
Crimes and Violence

Arrest Without Warrant

There are certain crimes for which the police can arrest you without a warrant. Such crimes are known in law as cognizable offences. These crimes are usually of serious nature such as rape, murder, assault etc.

Notice Issued by Police

In cases where the police can arrest someone without a warrant but are of the opinion that arrest is not required, they can issue a notice to such person to appear before the police or any place specified in the notice.

LGBTQ+ Persons Arrested By the Police

When police officers want to arrest you for any crime or suspicion of any crime, they may come to your location and arrest you. While arresting you, the details of the arrest, place of arrest, time of arrest etc will be written down in an Arrest Memo.
Crimes and Violence