Arrest Rights
Police GK · गिरफ्तारी अधिकार
📋Quick Overview
Arrest powers of police are governed by CrPC (now replaced by BNSS 2023) and the Constitution. The rights of arrested persons are protected under Article 22 of the Constitution and landmark Supreme Court guidelines like D.K. Basu (1997) and Arnesh Kumar (2014). Understanding when police can arrest, what rights the accused has, and the bail system are high-priority topics for all police exams.
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Article 22 of the Constitution: Fundamental right against arbitrary arrest — right to be informed of grounds, right to legal counsel, production before magistrate within 24 hours.
📖Arrest Powers — CrPC/BNSS Provisions
| Provision | CrPC Section | BNSS Section | Description |
|---|---|---|---|
| Police arrest without warrant | Sec 41 | Sec 35 | For cognizable offences; reasonable grounds required |
| Notice before arrest (Arnesh Kumar) | Sec 41A | Sec 35(7) | For offences punishable ≤7 years; notice to appear first |
| Information to relatives | Sec 50A | Sec 48 | Police must inform family/friend of arrested person |
| Production before magistrate | Sec 57 | Sec 58 | Within 24 hours of arrest; mandatory |
| Anticipatory bail | Sec 438 | Sec 482 | Session Court / High Court can grant pre-arrest bail |
| Bail — bailable offence | Sec 436 | Sec 478 | Right to bail; police/court must grant |
📝D.K. Basu Guidelines and Bail Types
- •D.K. Basu vs State of West Bengal (SC 1997): Supreme Court issued mandatory guidelines to prevent custodial torture — Arresting officer must carry identity card, prepare arrest memo, allow family notification, medical examination of arrested person.
- •Arnesh Kumar vs State of Bihar (SC 2014): SC directed police NOT to arrest routinely for offences with ≤7 years punishment; must issue notice first (Sec 41A CrPC).
- •Police remand: Custody for investigation (in police lockup) — magistrate can grant up to 15 days total.
- •Judicial remand: Custody in jail under magistrate's order when police investigation is done or remand exceeds limit.
- •Bailable offence: Accused has RIGHT to bail — police/court cannot refuse.
- •Non-bailable offence: Bail is at magistrate/court's DISCRETION — not a right.
- •Anticipatory bail: Given BEFORE arrest by Sessions Court or High Court; person does not get arrested if anticipatory bail is active.
- •Right to legal aid: If accused cannot afford lawyer, state must provide one free — under Article 39A Constitution (NALSA).