Your Rights at the Moment of Arrest in Pakistan
Reviewed by the Commoner Law editorial team. Sources: pakistancode.gov.pk, Punjab/Sindh/KP/Balochistan provincial codes, Supreme Court of Pakistan, FBR, EOBI, SBP, NEPRA, OGRA, PMDC, FIA, and provincial Healthcare Commissions. Provincial variations cite Punjab/Sindh/KP/Balochistan Acts and ICT-specific ordinances. Written in plain English with everyday Urdu legal terms (FIR, qabza, khula, NTN, CNIC) for a general audience — this is educational content, not legal advice. Our editorial standards
What is this right?
The instant a police officer says you are under arrest, your constitutional protections engage. Article 10(1) of the Constitution requires the officer to tell you the grounds of arrest as soon as possible and to let you consult and be defended by a wakeel of your choice. Section 50 CrPC says the same in statutory form. The arrest is illegal if either is denied.
- Grounds, not labels. "You're being arrested under PPC" is not enough. The officer must explain the offence: what allegedly happened, when, and which section.
- The wakeel must be one of YOUR choice. Police cannot push their tout lawyer on you. If you don't have a name, a family member can arrange one, and you must be allowed to make a phone call to do so.
- Search incident to arrest. Under CrPC § 51, police can search you, but a woman must be searched only by a woman officer (section 52). Anything found that's not connected to the offence cannot be admitted as evidence later.
- Use of restraints. Handcuffs are not automatic. Pakistani superior courts have held that routine handcuffing of an under-trial accused is excessive and violates the right to human dignity under Article 14 of the Constitution; reasons must be recorded for restraint of a non-violent suspect.
If any of these is denied (the grounds, the lawyer, the choice), your wakeel can challenge the arrest immediately by habeas corpus petition under Article 199 of the Constitution before the High Court. Habeas is fast: notice goes to the SHO, and most habeas petitions are resolved within days.
When does it apply?
- The police are arresting you with or without a warrant.
- You're being detained at a police station or police picket — the rules are the same whether the officers are uniformed police or plainclothes.
- The arrest is by police, FIA, ANF, Rangers, NAB, or any agency with arrest powers — Article 10 covers all.
What to do at the moment you're arrested
- Stay calm. Don't run. Don't resist physically. Loudly and clearly state "I want to know why I'm being arrested" and "I want to call my wakeel."
- Memorise one phone number — your wakeel's, a family member's, or 1098 (Madadgaar national child helpline if minor). You're entitled to make this call before any questioning.
- Note the names and badge numbers of the arresting officers. If they refuse to give them, the SHO and the police station are themselves enough.
- Ask for a Daily Diary entry of your arrival at the station, with the time. This is critical for proving the 24-hour magistrate rule was complied with.
- Insist on a medical examination at the time of admission. Section 174 of the Police Order 2002 and the Medico-Legal regulations require it. If you're injured later, the entry-time medical is your proof you weren't injured before custody.
What should you NOT do?
- Don't sign anything before your wakeel arrives. Confessions to police are inadmissible in court anyway (Article 38 of the Qanun-e-Shahadat 1984), but a signed statement creates pressure to repeat it.
- Don't accept a "police wakeel." The lawyer must be your choice, paid by you or your family.
- Don't make spontaneous statements" about the alleged offence. Only your name, your CNIC number, and your address. Anything more, you say with counsel present.
- Don't physically resist arrest even if you believe it's unlawful — challenge it in court, not in the moment. Resistance gives police additional charges under PPC § 186 (obstructing public servant).
Frequently asked questions
Can the police arrest me without a warrant?
For cognizable offences, yes — section 54 CrPC. For non-cognizable offences, no warrant means no arrest. Either way, Article 10 protections (grounds, wakeel, magistrate within 24 hours) apply.
Can I refuse to answer police questions?
Yes. Article 13(b) of the Constitution and Article 38 of Qanun-e-Shahadat 1984 protect you from self-incrimination. You may identify yourself but cannot be forced to confess. A confession to a police officer is inadmissible at trial.
What if the police refuse to let me call my wakeel?
It is a denial of a constitutional right. Your family or wakeel should immediately file a habeas corpus petition under Article 199 of the Constitution before the High Court. The court issues notice within hours and the police must produce you.
When does your rights at the moment of arrest apply?
The police are arresting you with or without a warrant.You're being detained at a police station or police picket — the rules are the same whether the officers are uniformed police or plainclothes.The arrest is by police, FIA, ANF, Rangers, NAB, or any agency with arrest powers — Article 10 covers all.
Police are arresting me — what do I say and not say?
Stay calm. Don't run. Don't resist physically. Loudly and clearly state "I want to know why I'm being arrested" and "I want to call my wakeel."Memorise one phone number — your wakeel's, a family member's, or 1098 (Madadgaar national child helpline if minor). You're entitled to make this call before any questioning.Note the names and badge numbers of the arresting officers. If they refuse to give them, the SHO and the police station are themselves enough.Ask for a Daily Diary entry of your arrival at the station, with the time. This is critical for proving the 24-hour magist...
What mistakes should I avoid with your rights at the moment of arrest?
Don't sign anything before your wakeel arrives. Confessions to police are inadmissible in court anyway (Article 38 of the Qanun-e-Shahadat 1984), but a signed statement creates pressure to repeat it.Don't accept a "police wakeel." The lawyer must be your choice, paid by you or your family.Don't make spontaneous statements" about the alleged offence. Only your name, your CNIC number, and your address. Anything more, you say with counsel present.Don't physically resist arrest even if you believe it's unlawful — challenge it in court, not in the moment. Resistance gives police addi...