1. Right to be informed of the grounds of the arrest

Every person arrested has the right to be informed about the grounds of such arrest. This is the most essential right concerning arrested persons as it allows them to know for what they have been accused of and under what grounds.

Under Section 47(1) of the BNSS, it states that a police officer arresting a person without a warrant shall inform him about the offence for which he is arrested and the grounds for such arrest with particulars.

As per Article 22(1) of the Constitution of India which states that no one can be detained in custody without being informed of the grounds for such arrest.

2. Right to be informed of the right to bail

If the offense allows the person to get bail, the police must inform them about it. Under Section 47(2) of the BNSS, when a police officer arrests a person, they must inform the person arrested that he is entitled to be released on bail and that he can arrange for sureties for the same.

To understand how it actually works, see our detailed guide on bail in India and how bail bonds and sureties actually work

3. Right to Inform a Relative or Friend

The consequence of an arrest not only affects the person so arrested but also their relatives and friends. Section 48 of the BNSS obligates the police officer to inform about the arrest of a person to his friends, relatives, or any other person of his family as nominated by the arrested person as soon as he is under custody.

4. Right to be presented before the Magistrate without delay:

Section 58 of the BNSS (Section 57 of the CrPC) provides for the rights of an arrested person to be presented before a magistrate without any unnecessary delay.

It states that a police officer shall not detain in custody any person arrested without warrant for a period more than twenty-four hours, exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court. This guarantees that your detention is checked by a judicial official promptly.

This is the same safeguard found in Article 22(2) of the Constitution, and it’s meant to bring every arrest under judicial oversight quickly rather than leaving it to the police alone.

5. Rights to a fair trial

The provision relating to the right to a fair trial is not explicitly there in the CrPC; however, such a right can be derived from the Constitution and various judgments.

In the case Maneka Gandhi v. Union of India, the court held that procedures established by law as given under Article 21 affecting personal liberty must be “fair, just, and reasonable.”

Hence, all arrested persons are entitled to a fair hearing. They are entitled to the presumption of innocence until found guilty, the right to question witnesses, and the right to produce evidence in their defence and other such rights entitled to a person in a trial following the principles of natural justice.

6. The Right to Legal Representation

Article 22(1) of the Constitution provides that an arrested person shall not be denied the right to consult, and to be defended by, a legal practitioner of his choice.

The Constitution and Section 398 of the BNSS gives the right to consult and be defended by a lawyer of your choice. This is not a privilege, but a fundamental right. And separately, Section 38 of the BNSS, a genuinely new addition that didn’t exist under the old CrPC, gives an arrested person the right to meet their advocate during police interrogation.

If you cannot afford to hire a lawyer, you have the right to free legal aid. This ensures that a person who is arrested receives the assistance of a legal practitioner of their choice, ensuring a fair and just legal process.

7. Right to free Legal Aid   

Justice cannot be denied because of economic limitations. Hence, the law ensures free legal aid for individuals who cannot afford representation.

Article 39A of the Constitution provides for equal justice and free legal aid. Also, Section 341 of the BNSS requires the court to hire a lawyer at the State’s expense if in a trial before the Court of Session, the accused is not represented by a pleader.

8. Rights of Women and Vulnerable Persons Under Arrest

The BNSS carves out extra safeguards for people who are more at risk of mistreatment in custody.

• Under Section 43(1) of the BNSS, when a woman is being arrested, her custody is presumed from a simple oral intimation of arrest. Unless the circumstances genuinely require otherwise, a male police officer can’t physically touch her to make the arrest, that has to be done by a female officer.
• As per Section 43(5), a woman can’t be arrested after dark, except in genuine emergencies where a woman police officer must get written permission from a First-Class Magistrate before making the arrest.
• A woman’s search can only be done by a female officer under Section 49(2).
• Under Section 53(1), if the arrested woman needs a medical examination, it must be done by, or under the supervision of, a female medical officer.
• Section 35(7) requires prior permission from an officer of at least Deputy Superintendent of Police rank before arresting someone who is infirm or above 60 years of age, for offences that carry less than three years’ imprisonment.