Right to Know Grounds of Arrest in Delhi
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
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.
How Delhi differs from central law
Delhi Police operates under the Central Government (Ministry of Home Affairs), not the Delhi Government. This is a unique feature of Delhi's status as a Union Territory.
- Delhi Police is governed by the Delhi Police Act, 1978 and functions under the administrative control of the Lieutenant Governor of Delhi (who acts on behalf of the Central Government).
- All constitutional safeguards regarding grounds of arrest (Article 22) and the D.K. Basu guidelines apply fully. Delhi Police must prepare an arrest memo, inform the arrested person's family, and produce the person before a magistrate within 24 hours.
- Delhi Police has an extensive CCTV network in police stations. The Delhi High Court has directed that CCTV recordings in police stations must be preserved to prevent custodial abuse and verify compliance with arrest procedures.
- The Delhi Police Complaint Authority receives complaints against police officers regarding misconduct during arrest and detention.
- FIRs in Delhi can be filed online through the Delhi Police website (delhipolice.gov.in) for certain categories of offences. The Delhi High Court has emphasised that police cannot refuse to register an FIR for a cognizable offence.
Additional Steps in Delhi
If arrested, insist on an arrest memo and ask the officer to inform your family. Contact the Delhi State Legal Services Authority (DSLSA) helpline at 1516 for free legal aid. File complaints against police misconduct with the Delhi Police Complaint Authority or the National Human Rights Commission (NHRC). For habeas corpus, approach the Delhi High Court under Article 226.
Relevant Law: Delhi Police Act, 1978; Constitution of India, Article 22; Bharatiya Nagarik Suraksha Sanhita, 2023, ss. 47–50; D.K. Basu v. State of West Bengal, AIR 1997 SC 610
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.