Being questioned or arrested by the police can be an intimidating experience — even when you’ve done nothing wrong. Fear, confusion, and pressure can lead you to say or do things that may harm your case or reputation.
But here’s the truth:
The law is on your side — if you know how to use it.
This blog explains your legal rights during police interrogation or arrest in India, in the simplest possible way, using real laws and examples. Whether you’re a student, professional, startup founder, or an average citizen, this knowledge could protect you someday.
1. You Cannot Be Forced to Confess
Your right to remain silent is a fundamental right.
Under Article 20(3) of the Indian Constitution,
“No person accused of any offence shall be compelled to be a witness against himself.”
This means the police cannot force you to answer self-incriminating questions. If you’re being questioned about something sensitive or confusing, you can simply say:
“I wish to remain silent and speak in the presence of my lawyer.”
2. You Have the Right to Know Why You’re Being Arrested
According to Section 50 of the Criminal Procedure Code (CrPC),
You must be clearly informed of:
- The offence you’re being arrested for, and
- The grounds for your arrest.
💡 The police must also show you the arrest warrant (if it’s a non-cognizable offence).
3. You Have the Right to Inform a Family Member or Friend
Under Section 50A of the CrPC, when someone is arrested, the police must inform a relative or friend. You also have the right to make a phone call and notify someone about your arrest.
👉 Pro Tip: Save a trusted contact as “ICE” (In Case of Emergency) on your phone.
4. You Have the Right to Legal Aid
This is a powerful but often ignored right.
If you’re arrested and can’t afford a lawyer, the government must provide one free of cost under Article 39A of the Constitution and Section 304 CrPC.
You can ask:
“I want to speak to a legal aid lawyer before I say anything.”
There are legal aid cells and helplines in every district. Use them.
5. Arrest Memo & Medical Check-up Is Mandatory
When you’re arrested, the police must:
- Prepare an arrest memo signed by you and a witness.
- Conduct a medical examination to check for injuries.
- Produce you before a magistrate within 24 hours.
Failure to do any of these is illegal.
6. You Cannot Be Detained for More Than 24 Hours Without Court Permission
Under Section 57 of the CrPC,
you must be presented before a magistrate within 24 hours of arrest, excluding travel time.
🚫 If not, it’s illegal detention; a serious violation of your rights.
7. Right Against Torture or Third-Degree Treatment
Torture or inhuman treatment during police custody is a violation of Article 21 (Right to Life & Personal Liberty). India is also a signatory to the UN Convention Against Torture.
If you’re threatened, beaten, or harassed, note the names or badge numbers of officers, if possible. You can later file a complaint or case against them.
8. Female Accused Have Special Protections
In the case of women, Indian law has extra safeguards:
- No arrest after sunset or before sunrise unless ordered by a magistrate (Section 46 CrPC).
- An arrest must be done only by a female officer.
- During questioning, a female should not be kept in custody in a police station overnight.
9. You Have the Right to Record the Police (In Most Situations)
No law in India prohibits video/audio recording of police officers in public spaces. You can record conversations or events if you feel threatened.
However, be cautious:
- Don’t interfere in their duties.
- Don’t provoke them — just record calmly.
10. If Rights Are Violated, You Can Take Legal Action
You can file:
- A writ petition (Habeas Corpus) in the High Court or Supreme Court for illegal detention.
- A complaint with the State Human Rights Commission.
- A criminal case against the responsible officer.
- Or reach out to the National/State Legal Services Authority (NALSA/SALSA).
📌 Important Tips If You’re Ever Detained or Called for Questioning
- Be polite but firm.
- Ask clearly, “Am I being arrested or detained?”
- Never sign blank documents.
- Don’t answer anything unless you fully understand the question.
- Demand to call your lawyer.
Real-Life Example:
In 2020, a 23-year-old tech worker in Bangalore was picked up for questioning in a cybercrime case. He was made to wait for hours without access to information, a phone, or legal aid. Only after his family contacted a local lawyer he was released with an apology.
If he had known his rights, he could have saved himself from the trauma.
Need Help Understanding or Exercising These Rights?
If you or someone you know is facing legal trouble or police action, don’t wait till it’s too late.
Need Legal Support During Police Interrogation?
Advocate Joginder Poswal is a practicing lawyer based in Haryana and the Delhi NCR region, with experience in criminal defense, startup law, cyber complaints, and civil liberties.
Whether you’re a startup founder falsely implicated in a fraud case or a citizen facing police intimidation, he provides pan-India legal consultation, drafting, and representation services.
📞 Phone: 9911202099
🌐 Website: joginderposwal.com
📍 Available: In-person in Palwal, Gurugram, Faridabad | Online Pan-India
Police have a duty to protect, but you have the right to be protected from abuse of power.
Don’t wait for a crisis to know your rights — share this with your family, friends, and team members.
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