Police Encounters
Your rights when dealing with police under Indian central law — arrest, bail, right to silence, legal counsel, search and seizure, and protection from unlawful detention.
Right to Know Grounds of Arrest
Every person arrested in India has a fundamental constitutional right to be informed of the grounds of arrest.Article 22(1) of the Constitution guarantees that no person shall be detained without bein...
Right to Bail
Bail is the provisional release of an arrested person pending trial or investigation. Indian law distinguishes between bailable and non-bailable offences.Bailable offences (BNSS s. 479): You have an a...
Right to Silence and Protection Against Self-Incrimination
Article 20(3) of the Constitution gives every accused person the right not to be compelled to be a witness against themselves.No accused person can be compelled to confess or answer questions that may...
Right to Legal Counsel
Every arrested person in India has the right to consult and be defended by a lawyer of their choice — this is a fundamental right under Article 22(1).Right to consult a lawyer: You may consult your la...
Protection from Unlawful Detention
No person may be detained without due process of law, and every detained person must be produced before a magistrate within 24 hours.24-hour rule (BNSS s. 57): A person arrested must be produced befor...
Rights During Search and Seizure
Police powers to search your person or premises are regulated by law — not every search is lawful.Search of premises requires a warrant in most cases (BNSS s. 185) — the magistrate issues a search war...
Protection from Torture and Custodial Violence
Custodial violence — physical or mental torture by police — is unconstitutional and criminal in India.Article 21 of the Constitution (right to life and personal liberty) has been interpreted by the Su...
Remand and Custody Rights
Remand is the legal process by which a magistrate authorises continued police or judicial detention after the initial 24-hour production.Police custody remand (PCR — BNSS s. 187): A magistrate may aut...