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What To Do Or Not To Do When You Get Arrested ?

  • Writer: lead India
    lead India
  • Mar 16, 2023
  • 3 min read

A person could get arrested if he/she does something wrong. The Chapter V, Section 41-60 of the Code of Criminal Procedure Code, 1973, deals with the arrest of a person. The purpose behind arresting an alleged offender is to ensure that he/she would not tamper with the evidence and would be present at the trial for which he/she has been charged.


Procedure for arrest

  • An arrest could be done with or without a warrant.

  • An arrest could be made anytime after the issuance of a warrant.

  • If the arrest is resisted, the wrongdoer could also be charged with a misdemeanour amongst others.

  • Provided under Section 75 of the CrPC, the arrest warrant should be in writing, signed by the presiding officer and must have the seal of the court.

  • If a person’s name has been mentioned in a FIR, then arrest should be made only after preliminary investigation by the police.

If an arrest could be made without an arrest warrant-

  • As provided under Section 41 of the CrPC, police could arrest a person without warrant as well, in case the situation demands so.

  • In case the police believe that urgent steps are required to be taken in order to prevent a person from destroying or tampering the evidence or seriously damaging a property or harming a person, they could make an arrest even without a warrant.

Rights of an arrested person-


A person getting arrested has certain rights as provided under the Constitution of India.

  • The right to inform his/her family members or friends of the arrest as provided under Section 50 of the IPC.

  • The arrested person could not be detained for a period of more than 24 hours without having him presented before the Magistrate, which is done to prevent unlawful arrests.

  • Has the right to medically examined

  • Has the right to remain silent, i.e.after arrest has been made, the arrested person is not required to speak or confess in front of the police.

  • Have the right to a lawyer while being questioned. If you are not able to afford a lawyer, one could be appointed to you by the government.

  • Section 50 of the CrPC and Article 22 of the Constitution of India, one has the right to be informed if he/she is being arrested for bailable or non-bailable offences.

  • A female could be detained by a female police officer only. Such detention could only be made before sunset and after sunrise.

When should one seek a lawyer ?


In case you are arrested for a crime, you must immediately contact a criminal lawyer in Gurgaon or the best criminal lawyer in Delhi, as he/she would have a better sense of what you should or should not say in the presence of the investigating authorities. The lawyer could also advise you or your family or friends about the bail process.


Conclusion


It could be concluded that a common man may not always be aware of his/her rights and thus, must seek guidance from top criminal lawyers in Ghaziabad, who could explain your rights.

Lead India offers you a team of experienced criminal lawyers who have been successfully dealing with cases related to criminal law and thus could provide you with much needed advice in the matters of an arrest. Thus, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.



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