Understanding Your Rights During Police Arrests in Telangana

An arrest is one of the most disorienting experiences a person can face. The power differential is overwhelming, and most people — whether guilty of anything or not — are unsure what the police can and cannot do in that moment. In India, your rights during an arrest are clearly defined under the Constitution of India, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and a series of landmark Supreme Court directions. Knowing these rights is not about evading accountability — it is about ensuring that the process is fair, lawful, and does not devolve into abuse.

Constitutional Rights: Article 22

Article 22 of the Constitution of India provides foundational protections to every person who is arrested or detained:

• The right to be informed, as soon as may be, of the grounds for arrest
• The right to consult and be defended by a legal practitioner of your choice
• The right to be produced before a Magistrate within 24 hours of arrest (excluding travel time)
• The right not to be detained beyond 24 hours without the authority of a Magistrate

These are fundamental rights — they cannot be waived by police procedure, departmental instructions, or administrative convenience. Any arrest that violates these provisions is constitutionally infirm.

The D.K. Basu Guidelines

In D.K. Basu v. State of West Bengal (1997), the Supreme Court of India issued a comprehensive set of directions to prevent custodial deaths and torture. These guidelines are now part of the law. The arresting officer is obligated to:

1. Bear visible and accurate name tags identifying themselves
2. Prepare an arrest memo — a written document stating the time and date of arrest, signed by a witness and by the arrested person
3. Inform the arrested person's family member, friend, or relative of the arrest immediately
4. Inform the arrested person of the right to have one person notified of the arrest
5. Inform the arrested person of the right to legal counsel
6. Record the arrest in a police control room register if it involves serious offences
7. Conduct a medical examination of the arrested person before detention

These are mandatory requirements, not courtesies. Failure to follow them does not automatically void the arrest in all cases, but it is relevant to bail applications and can form the basis of legal remedies against the police.

Right to Know the Grounds of Arrest

Under Section 47 of the BNSS (previously Section 50 CrPC), you have the absolute right to know why you are being arrested. The police officer must communicate the grounds of arrest clearly. You are entitled to know:

• The offence for which you are being arrested
• Whether a warrant has been issued and, if so, to see it

If a police officer refuses to disclose the grounds, you are entitled to resist — lawfully. You may insist on the grounds being provided and inform a lawyer or family member of what has happened. Blind compliance in the face of an unlawful arrest is not required.

Right to Inform Family or a Friend

Section 50A BNSS (previously Section 41D CrPC) requires the arresting officer to inform the arrested person's nominated person — a family member, friend, or relative — of the arrest and the place of detention. This notification must happen promptly.

If you are arrested, you can specifically say: "I want to inform my family/lawyer. I am exercising my right under Section 50A BNSS." The officer must facilitate this. If they refuse, this refusal should be documented and reported as part of any subsequent legal proceedings or complaint.

Right to Legal Counsel

The right to engage a lawyer is guaranteed by Article 22(1) of the Constitution and reinforced by Section 41D BNSS. The police cannot interrogate you while denying you access to a lawyer if you have specifically asked for one. In practice:

• You may request that your lawyer be present before any formal interrogation begins
• You may refuse to answer questions until your lawyer arrives, particularly in serious criminal matters
• The police cannot use statements made during custodial interrogation without following the safeguards under Section 163 BNSS (previously Section 163 CrPC), which prohibits inducements, threats, and promises

Statements made to a police officer in custody are not admissible as confessions under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (previously Section 25 of the Indian Evidence Act). Only confessions before a Magistrate, recorded with proper safeguards, are admissible.

Medical Examination Rights

Section 51 BNSS requires that an arrested person be medically examined. This is particularly important to establish:

• Any injuries existing at the time of arrest (protecting you from false claims of injury caused during lawful custody)
• Any injuries sustained after arrest (providing evidence of custodial violence)

Insist on a medical examination if you have any pre-existing injuries. The examination report becomes part of the official record.

Special Rules for Arresting Women

Section 46(4) BNSS (previously Section 46(4) CrPC) provides specific protections for women:

• A woman shall not be arrested after sunset and before sunrise except in exceptional circumstances
• Where exceptional circumstances exist, a senior officer (at least the rank of sub-inspector) must give written permission
• Arrests of women must be made by or in the presence of a female police officer

These are not soft guidelines — they are statutory protections. If a woman is arrested in violation of these rules, it forms the basis of a writ petition before the High Court and can result in the arrest being declared illegal. In Hyderabad and across Telangana, these rules apply fully to all police stations.

Production Before a Magistrate Within 24 Hours

This is one of the most important protections in the criminal justice system. Under Article 22(2) of the Constitution and Section 57 BNSS, every arrested person must be produced before a Magistrate within 24 hours of arrest, excluding the time taken for travel.

The Magistrate then determines whether further detention is required (remand to police custody or judicial custody) or whether bail should be granted. The police cannot detain you indefinitely — they must present you in court.

If 24 hours pass and you have not been produced before a Magistrate, this is a fundamental rights violation. A writ of habeas corpus can be filed before the Telangana High Court to secure your release.

Rights During Interrogation

You are not obligated to be a witness against yourself — this is guaranteed by Article 20(3) of the Constitution. The right against self-incrimination means:

• You cannot be compelled to give a confessional statement
• You may choose to remain silent
• No adverse inference is drawn from your silence alone
• Statements made under threat, inducement, or promise are inadmissible

The police may ask questions, but coercive methods — physical force, sleep deprivation, denial of food and water — are illegal and actionable under criminal law (Section 330 IPC / equivalent BNSS provisions).

Bail Rights

In bailable offences, bail is a right, not a favour. Under Section 480 BNSS (previously Section 436 CrPC), if you are arrested for a bailable offence, you are entitled to bail as soon as you furnish a surety or personal bond. The police cannot refuse bail in bailable matters.

In non-bailable offences, bail is discretionary and is decided by the Magistrate or Sessions Court depending on the gravity of the offence. However, even in serious cases, bail applications must be heard fairly and decided based on the specific facts — not as a matter of routine denial.

If Your Rights Are Violated

If your rights are violated during an arrest, the following remedies are available:

• File a complaint with the Superintendent of Police (SP) or the Telangana State Police Complaints Authority
• File a writ petition before the Telangana High Court — particularly a writ of habeas corpus if you are being illegally detained
• File a complaint with the National Human Rights Commission (NHRC) or the Telangana Human Rights Commission
• File a criminal complaint against the responsible officers under relevant provisions of the BNSS for wrongful confinement or assault

In Hyderabad, the Telangana High Court has been active in taking up habeas corpus petitions and directing the police to produce persons in custody. The court is accessible and responsive in matters involving personal liberty.

The key takeaway is this: arrest does not mean the suspension of your rights. It means those rights become more important — and knowing them is the first step toward protecting yourself.