Legal Awareness
Know Your Constitutional Rights
Knowledge is your strongest shield. Understand the limits of police power and your protections under Indian Law.
Arrest Procedures
D.K. Basu Guidelines (Supreme Court)
- Identification: Police officers must bear accurate, visible, and clear identification name tags.
- Arrest Memo: Must be prepared at the time of arrest and attested by at least one witness (family or neighbor).
- Inform Family: You have the absolute right to have a friend or relative informed about your arrest immediately.
Right to Legal Counsel
Article 22(1) of the Constitution
No person who is arrested shall be detained without being informed of the grounds nor denied the right to consult a lawyer of their choice.
Free Legal Aid: If you cannot afford a lawyer, the State is mandated (Article 39A) to provide one for free.
FIR & Detention Limits
- 24 Hour Rule: Police cannot detain any person for more than 24 hours without producing them before a Magistrate.
- Zero FIR: You can file an FIR at any police station, regardless of jurisdiction. It must be transferred later.
- Right to Receipt: You are entitled to a free copy of the FIR immediately upon filing.
Specific Rights for Women
- No Night Arrest: A woman cannot be arrested after sunset and before sunrise, except in exceptional circumstances with a Magistrate's order.
- Female Officer: Only a female police officer can search another female.
- Privacy: Women have the right to have their statement recorded at their residence.
Search & Seizure
- Search Warrant: Generally, police need a warrant to search your home. Exception: cognizable offenses where delay might destroy evidence.
- Search of Person: If you are searched, you have the right to search the police officer first to ensure no evidence is planted.
Right to Silence
Article 20(3) - Protection against Self-Incrimination
You cannot be compelled to be a witness against yourself. You have the right to remain silent during interrogation if the answer would expose you to criminal charges.
Tip: Politely state "I will answer questions only in the presence of my lawyer."