Right to Know Grounds of Arrest in India

Researched by Ahmed Alsaedi, Founding Editor

Primary sources cited; not legal advice.

Source: Constitution of India, Article 22(1); Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), s. 47(1), s. 48; D.K. Basu v. State of West Bengal, AIR 1997 SC 610

Reviewed by the Commoner Law Editorial Team. Sourced from Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions. State-level information reflects each state's own Acts and High Court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

Indian Central Law

What is this right?

The reason for your arrest is not optional information the officer can hold back — it is a constitutional entitlement that triggers the moment cuffs go on.

Article 22(1) of the Constitution: no one may be detained without being informed, as soon as may be, of the grounds for the arrest.
BNSS s. 47(1): the arresting officer must communicate the full particulars of the offence — not just "You are under arrest."
BNSS s. 50: the police must also tell the next of kin where you are being held.
D.K. Basu guidelines (now partly written into BNSS): an arrest memo has to be prepared, signed by you and a witness, and you can name a relative or friend who must be informed.

An arrest where grounds are never communicated is illegal on its face — the High Court (or the Supreme Court) can be moved by writ of habeas corpus to order your immediate production and release.

When does it apply?

A police officer — Central or State — is putting you under arrest or holding you at the station.
A family member has been picked up and you want to know what the case actually is.
You are sitting in a thana and no one will tell you why.

What to Do If Police in India Arrest You Without Explaining the Grounds

Stay calm, but document everything from the first minute.

Ask the officer plainly: "What is the reason for my arrest?" and make sure the answer goes into the arrest memo.
Insist that the officer contact your family member or lawyer — BNSS s. 50 makes this their duty, not your favour.
Read the arrest memo before signing. It must show the date, time and a witness signature.
If grounds are withheld, get a relative to file a habeas corpus petition in the High Court of the relevant State — the court will summon the police to produce you and justify the detention.
Call the State Legal Services Authority (SLSA) or NALSA on 15100 — free representation is available, immediately.

What should you NOT do?

Do not physically resist arrest even when it looks unlawful. Fight it through court — resisting itself is a criminal offence.
Do not sign blank or partly-filled papers at the police station. Anything signed becomes part of the record.
Do not give a statement after a formal arrest without your lawyer in the room.

State Law

Use the jurisdiction bar at the top of the page to pick your state — you'll see how state law differs from Indian central law.

8 states available

Common Questions

When does right to know grounds of arrest apply?

A police officer — Central or State — is putting you under arrest or holding you at the station.A family member has been picked up and you want to know what the case actually is.You are sitting in a thana and no one will tell you why.

What should I do if police in India arrest me without telling me why?

Stay calm, but document everything from the first minute.Ask the officer plainly: "What is the reason for my arrest?" and make sure the answer goes into the arrest memo.Insist that the officer contact your family member or lawyer — BNSS s. 50 makes this their duty, not your favour.Read the arrest memo before signing. It must show the date, time and a witness signature.If grounds are withheld, get a relative to file a habeas corpus petition in the High Court of the relevant State — the court will summon the police to produce you and justify the detention.Call the State Legal Services Authority...

What mistakes should I avoid with right to know grounds of arrest?

Do not physically resist arrest even when it looks unlawful. Fight it through court — resisting itself is a criminal offence.Do not sign blank or partly-filled papers at the police station. Anything signed becomes part of the record.Do not give a statement after a formal arrest without your lawyer in the room.

Right to Know Grounds of Arrest in other states

Same topic, different jurisdiction. Pick the one that applies to you.