Constitutional & Criminal Law / rights guide

Unlawful Arrest & Custodial Rights

Constitutional protections, mandatory arrest memo protocols, and magistrate production rules under Article 22 and Section 35 of the BNSS.

Statutory provisions and authorities

  • BNSS § 35 (When Police May Arrest Without Warrant)
  • BNSS § 47 (Search of Arrested Person & Seizure Memo)
  • BNSS § 48 (Mandatory Intimation to Nominated Person)
  • BNSS § 53 (Mandatory Medical Examination of Accused)
  • Article 22 Constitution of India
  • D.K. Basu v. State of West Bengal (1997)

Citizen safeguards

  • Right to be informed of the exact grounds of arrest immediately
  • Right to have a family member or friend notified of arrest within 1 hour
  • Right to demand an Arrest Memo signed by an independent witness and the arresting officer
  • Right to medical examination every 48 hours and upon first detention
  • Absolute right to be produced before the nearest Judicial Magistrate within 24 hours

Procedural guide

Mandatory Custodial Safeguards

An arrest is a severe curtailment of constitutional liberty. The Supreme Court in *D.K. Basu v. State of West Bengal* and the statutory amendments in the BNSS mandate strict procedural compliance by police personnel.

1. Mandatory Notice for Offences Below 7 Years (Section 35(3) BNSS)

2. The Arrest Memo Requirement

3. 24-Hour Production Mandate

Back to all practice areas · Browse related templates · Request legal help