What Are Your Rights If You Are Arrested in India Under BNSS 2023: Complete Guide

Being arrested is one of the most frightening experiences a person can face. In India, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure (CrPC) with effect from July 1, 2024, sets out the rights of every arrested person and the duties of every police officer making an arrest. Knowing these rights is not just useful for the person arrested; it is essential for their family members who must act quickly in the immediate aftermath. This guide covers every right available to an arrested person under BNSS 2023 and the Constitution of India.

Right to Be Informed of the Grounds for Arrest

Under Section 47(1) of BNSS, a police officer making an arrest without a warrant must immediately communicate the full particulars of the offence and the grounds for the arrest to the person being arrested. This is a fundamental right also guaranteed under Article 22(1) of the Constitution. The police cannot simply take a person into custody without explaining why. If the officer fails to provide these details, the arrest may be challenged as illegal.

Right to Inform a Relative or Nominated Person

Under Section 36(c) and Section 48(1) of BNSS, the police are legally obligated to inform a friend, relative, or any person nominated by the arrested person about the arrest and the place of detention. This must be done immediately upon arrest. The arrested person can now designate any person of their choice to be notified, not just a family member. The police must also prepare a custody memo (arrest memo) containing the date and time of arrest, attested by a witness, and countersigned by the arrested person. This arrest memo is critical evidence of when and how the arrest occurred.

Right to a Lawyer and Free Legal Aid

Article 22(1) of the Constitution guarantees every arrested person the right to consult and be defended by a legal practitioner of their choice. The police must inform the arrested person of this right. If the person cannot afford a lawyer, they are entitled to free legal aid under Article 39A of the Constitution and the Legal Services Authorities Act, 1987. Every district has a District Legal Services Authority (DLSA) that provides free lawyers to persons who are unable to afford one. Do not answer any questions or make any statement to the police without first consulting a lawyer.

The 24-Hour Rule: Production Before a Magistrate

Section 58 of BNSS (corresponding to the former Section 57 of CrPC) provides that the police cannot keep a person in custody for more than 24 hours without producing them before a Magistrate. This 24-hour period does not include the time necessary for the journey from the place of arrest to the court. If the police fail to produce the arrested person before a Magistrate within 24 hours, the detention becomes illegal and the person has the right to be released. This is one of the most important safeguards against arbitrary detention.

Right to Bail in Bailable Offences

Under Section 47(2) of BNSS, where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, the officer must inform the arrested person that they are entitled to be released on bail and may arrange for sureties on their behalf. For bailable offences, bail is a right and not a discretion of the court. The police station itself can grant bail for bailable offences. For non-bailable offences, bail is at the discretion of the court but can be sought immediately upon arrest.

Protection Against Torture and Forced Confessions

No person can be compelled to be a witness against themselves under Article 20(3) of the Constitution. Any confession made to a police officer is inadmissible as evidence under Section 25 of the Bharatiya Sakshya Adhiniyam, 2023. The police cannot use torture, threats, or inducement to extract a confession. If any physical harm is caused during custody, the arrested person or their family can file a complaint before the Magistrate, the State Human Rights Commission, or approach the High Court under Article 226 for compensation.

Key Takeaways

The police must inform you of the grounds for arrest immediately under Section 47(1) BNSS. You can nominate any person to be informed of your arrest under Section 36(c) BNSS. You have the right to a lawyer, and free legal aid is available through the District Legal Services Authority. The police must produce you before a Magistrate within 24 hours under Section 58 BNSS. For bailable offences, bail is a right, not a discretion. No confession made to a police officer is admissible as evidence. You cannot be compelled to incriminate yourself under Article 20(3) of the Constitution. If any of these rights are violated, the arrest can be challenged as illegal before the Magistrate or the High Court.