Right to Know Grounds of Arrest
Written in plain language to promote general understanding. This is educational information, not legal advice. Based on Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions.
Indian Central Law
What is this right?
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 being informed, as soon as may be, of the grounds for such arrest.
- BNSS s. 47(1): The police officer making an arrest must inform the arrested person of the full particulars of the offence or other grounds of arrest.
- The police must also inform the next of kin of the arrested person of the place of detention (BNSS s. 50).
- D.K. Basu guidelines (now partially codified in BNSS): The police must maintain an arrest memo (signed by the arrested person and a witness), and the arrested person can request that a family member or friend be informed.
- An arrest without communication of grounds is illegal and the person so arrested can challenge it by seeking a writ of habeas corpus from the High Court or Supreme Court.
When does it apply?
- You are being arrested or detained by a police officer, Central or State.
- A family member has been arrested and you want to know why.
- You are detained at a police station and have not been told the reason.
What should you do?
- Calmly ask the officer: "What is the reason for my arrest?" and ensure it is recorded in the arrest memo.
- Ask the officer to contact your family member or lawyer — this is your statutory right under BNSS s. 50.
- Ensure the arrest memo is prepared, signed by you and a witness, and includes the date and time of arrest.
- If grounds are withheld, instruct a family member to immediately file a writ of habeas corpus in the High Court of the relevant state — the court will require the police to produce you and justify the detention.
- Contact the State Legal Services Authority (SLSA) or a legal aid clinic — free legal aid is available for arrested persons.
What should you NOT do?
- Do not physically resist an arrest even if you believe it is unlawful — resist legally, not physically. Resisting arrest can itself become a criminal offence.
- Do not sign any blank or incomplete documents at the police station.
- Do not make any statement without a lawyer present if you have been formally arrested.
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