The Indian legal system, backed by the Constitution of India and the Code of Criminal Procedure, 1973 (CrPC), provides several safeguards to protect the rights of the accused during arrest and detention. These rights are not just legal technicalities—they are essential protections against abuse of power and are rooted in the principles of natural justice and human dignity.

1. Right to Be Informed of the Grounds of Arrest (Article 22(1) & Section 50 CrPC)

The first and foremost right of any person being arrested is the right to be informed about the grounds of arrest. As per Article 22(1) of the Constitution and Section 50 of the CrPC, the arresting officer is legally bound to inform the accused about:

• The exact reasons for arrest,
• The specific sections under which they are being charged,
• Whether the offence is bailable or non-bailable.

Failing to do so amounts to a violation of constitutional and statutory rights and can be challenged in court.

2. Right to Legal Representation (Article 22(1))

Every accused person has the right to consult and be defended by a legal practitioner of their choice. This is a constitutional guarantee under Article 22(1). In fact, in the landmark case of Hussainara Khatoon v. State of Bihar (1979), the Supreme Court held that the right to free legal aid is an essential part of fair trial rights.

If an accused cannot afford legal representation, the State must provide a legal aid lawyer at the expense of the government.

3. Right to Inform a Relative or Friend (Section 50A CrPC)

Under Section 50A of the CrPC, the police officer making the arrest must inform a family member or friend of the accused about the arrest and the place of detention. The officer must also make an entry in the station diary regarding whom they informed and when.

This provision ensures transparency and accountability and prevents secret and illegal detentions.

4. Right to Be Produced Before a Magistrate Within 24 Hours (Article 22(2) & Section 57 CrPC)

One of the most critical protections is that the arrested person must be produced before a magistrate within 24 hours of arrest, excluding travel time. This is enshrined in Article 22(2) of the Constitution and Section 57 of the CrPC. If the police fail to do so, the arrest becomes illegal, and the accused must be released.

5. Right Against Custodial Torture and Confession Under Duress

The accused cannot be subjected to torture, inhumane treatment, or forced confession while in custody. The Indian Evidence Act, Section 24, makes any confession obtained through threat, inducement, or promise inadmissible in court.

The Supreme Court in DK Basu v. State of West Bengal (1997) laid down comprehensive guidelines to prevent custodial violence. These include:

• Preparing an arrest memo signed by a witness and the arrestee,
• Conducting medical examinations every 48 hours during detention.

6. Right to Bail in Bailable Offences (Section 436 CrPC)

If the offence is bailable, the accused has a statutory right to bail. The police or the magistrate cannot deny it arbitrarily. Even in non-bailable offences, the accused has the right to apply for bail, and the court must decide based on merit and not on whims.

Practical Advice from a Legal Standpoint

As a legal practitioner, I advise every person facing arrest to:

• Stay calm and ask for the reason of arrest in writing,
• Insist on the presence of a lawyer during questioning,
• Request the police to inform a family member immediately,
• Do not sign any documents without reading them carefully,
• Politely decline to answer questions without legal counsel.

If you suspect illegal detention, your lawyer can move a Habeas Corpus petition before the High Court or Supreme Court to ensure your release.

The criminal justice system in India is not designed to punish someone merely because they are accused. It is built on the principle that a person is innocent until proven guilty. These rights act as a shield against police excesses, arbitrary arrests, and human rights violations. Whether you are an accused or a lawyer representing one, understanding these rights is the first step in ensuring justice.