You must be told why
Article 10 of the Constitution guarantees that a person who is arrested shall be informed of the grounds of arrest as soon as may be, and shall not be denied the right to consult and be defended by a legal practitioner of their choice.
The twenty-four hour rule
An arrested person must be produced before a magistrate within twenty-four hours of arrest, excluding the time necessary for the journey. Detention beyond that period without the authority of a magistrate is unlawful.
Remand is not automatic
The police must apply to the magistrate for physical remand and justify it. The magistrate is required to apply an independent mind, and remand cannot be granted mechanically for the maximum period.
Women and children
A woman cannot be arrested at night except in exceptional circumstances and, where arrest is necessary, it must be by or in the presence of a female police officer. Special protections apply to juveniles under the juvenile justice legislation.
Do this immediately
Ask for the FIR number and the police station. Inform a family member. Engage a lawyer at once – the first forty-eight hours shape the case. Do not sign any document you have not read.
General information only
This guide explains the general position. It is not advice on your situation - consult a lawyer for that.
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