Rights When Arrested by Police in India: DK Basu Rules, Bail & Custodial Rights

Being arrested or summoned by police can be intimidating. Under the Indian Constitution (Article 22) and criminal procedure laws (CrPC / BNSS), every citizen possesses fundamental safeguards against arbitrary detention, custodial violence, and unlawful interrogation.

1. D.K. Basu Rules & 24-Hour Magistrate Production

Arresting officers must prepare an Arrest Memo, inform relatives under Sec 50A, allow advocate consultation under Sec 41D, and produce the arrested person before a Magistrate within 24 hours.

2. Frequently Asked Questions (FAQs)

Can police arrest a woman after sunset and before sunrise?

Under Section 46(4) of CrPC, no woman can be arrested after sunset and before sunrise except in exceptional circumstances with prior permission from a Judicial Magistrate.

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