Article 22 & CrPC

Arrest & Detention

In India, the law provides strict protections against the misuse of police power. Knowing these can prevent arbitrary detention.

Core Rights

1. Right to know grounds of arrest immediately.
2. Right to a lawyer of your choice (Art 22).
3. Production before a Magistrate within 24 hours.

FIR Checklist

If you are filing a complaint (FIR) under Section 154:

• Must be in writing (or reduced to writing).
• Must be read back to you.
• You MUST get a free copy.

⚖️ Your Fundamental Protections

Notice of Appearance (S.41A)

For offences where the punishment is less than 7 years, police should generally issue a Notice to Appear rather than arresting you immediately, unless there is a risk of flight or witness tampering.

Right to Silence (Art 20(3))

"No person accused of an offence shall be compelled to be a witness against himself." You are not required to give a statement that incriminates you.

🌸 Women's Arrest Rights

The Sunset Rule

Under Section 46(4) CrPC, a woman cannot be arrested after sunset and before sunrise except in extraordinary circumstances with a Magistrate's permission.

Female Officers Only

No male officer can physically touch or search a woman. A female officer must be present during the entire process.

Home Interrogation

Women (and children under 15) cannot be called to a police station for questioning. They must be questioned at their residence.

FIR for Sex Offenses

If the FIR is about a sexual offense, it must be recorded by a woman police officer.

Arrest and Detention Rights in India

The foundation of liberty in India rests on individual rights guaranteed by the Constitution and procedural safeguards in the Code of Criminal Procedure.

Zero FIR

A "Zero FIR" can be filed in any police station, regardless of where the crime occurred. The police station cannot refuse to file a complaint by saying "this isn't our jurisdiction." Once filed, they must transfer it to the appropriate station.

The 24-Hour Rule

Every person arrested without a warrant must be produced before a Magistrate within 24 hours (excluding the time for travel). Detention beyond this period is unlawful unless specifically authorized by the Magistrate.