What are the rights of an arrested person in India, and how do they apply in Odisha?

Rights of an arrested person: where they come from

The rights of an arrested person in India come from three places: the Constitution, the arrest chapter of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure (CrPC) from 1 July 2024, and Supreme Court judgments, chiefly D.K. Basu v. State of West Bengal (1997). They apply in the same way at every police station (thana) in Odisha, in Bhubaneswar and Cuttack under the Commissionerate and in every district.

• Article 21: no one may be deprived of personal liberty except according to a fair procedure established by law.
• Article 22(1): an arrested person must be told the grounds of arrest as soon as may be, and has the right to consult and be defended by a legal practitioner of their choice.
• Article 22(2): an arrested person must be produced before the nearest Magistrate within 24 hours, excluding travel time, and cannot be kept longer without the Magistrate's order.
• Article 20(3): no accused person can be compelled to be a witness against themselves.

When police can arrest, and the notice alternative

Section 35 BNSS (formerly Section 41 CrPC) lists when police may arrest without a warrant. For an offence punishable with imprisonment of up to seven years, arrest is not automatic: the officer must be satisfied that arrest is necessary, for example to prevent further offences or tampering with evidence, and must record reasons. In many such cases the police instead issue a notice of appearance under Section 35(3) (formerly Section 41A). A person who complies with the notice is ordinarily not to be arrested unless the officer records reasons. The Supreme Court's directions in Arnesh Kumar v. State of Bihar (2014) on avoiding routine arrests continue to guide police and Magistrates.

Section 35(7) is new: for an offence punishable with less than three years, a person who is infirm or above 60 years of age cannot be arrested without the prior permission of an officer not below the rank of Deputy Superintendent of Police.

Right to know the grounds of arrest, in writing

Section 47 BNSS (formerly Section 50 CrPC) requires the officer to communicate the full particulars of the offence, or the other grounds of arrest, to the arrested person at once. On 6 November 2025, in Mihir Rajesh Shah v. State of Maharashtra, the Supreme Court held that the grounds of arrest must be supplied in writing to every arrested person, under any law, in a language the person understands. Where that cannot be done at the moment of arrest, the written grounds must be given within a reasonable time and in any case at least two hours before the person is produced before the Magistrate for remand. Reports of the judgment state that failure to do so makes the arrest and remand illegal.

If the offence is bailable, the officer must also tell the person that they are entitled to be released on bail and may arrange sureties (Section 47(2)). See bail in Odisha.

Arrest memo, identification and informing the family

These duties began as the D.K. Basu guidelines and are now written into the BNSS:

• Identification (Section 36): the arresting officer must wear an accurate, visible and clear name tag.
• Memorandum of arrest (Section 36): a written memo, attested by at least one witness (a family member or a respectable person of the locality) and countersigned by the arrested person, stating the date and time of arrest.
• Informing a relative or friend (Section 48, formerly Section 50A): the police must promptly inform a relative, friend or other person named by the arrested person about the arrest and the place of detention, and must also inform the district's designated police officer. The arrested person must be told of this right, and an entry is made in a register.
• Designated police officer and control room (Section 37): each district and police station must have a designated officer who keeps the names and addresses of arrested persons and the offences charged, and displays this information, including digitally, in each police station and the district headquarters. Family members in Odisha can ask the district police control room where a person is being held.

Right to a lawyer, and free legal aid

Under Section 38 BNSS (formerly Section 41D CrPC), an arrested person may meet an advocate of their choice during interrogation, though not necessarily throughout it. Article 22(1) protects the right to consult a lawyer from the time of arrest. A person in custody is entitled to free legal services under Section 12 of the Legal Services Authorities Act, 1987, whatever their income. In Odisha this is provided through the District Legal Services Authority at each district court and the Odisha State Legal Services Authority; see free legal aid in Odisha.

Right to medical examination and safety in custody

• Under Section 53 BNSS (formerly Section 54 CrPC), an arrested person is to be examined by a medical officer soon after arrest. The examination records any injuries, which matters if there is later a complaint of ill-treatment. A woman must be examined by or under the supervision of a female medical officer.
• Under Section 56, the person having custody must take reasonable care of the health and safety of the arrested person.
• Torture and custodial violence are unlawful. Any statement or confession made to a police officer is generally not admissible as evidence against the accused (Section 23 of the Bharatiya Sakshya Adhiniyam, 2023, formerly Sections 25 and 26 of the Evidence Act).
• Restraint must be no more than necessary to prevent escape. Handcuffing is limited: Section 43(3) allows it only for certain categories of accused, such as habitual or repeat offenders and persons accused of specified grave offences, keeping in view the nature and gravity of the offence.

Arrest within 24 hours: production before the Magistrate

Under Section 58 BNSS (formerly Section 57 CrPC) and Article 22(2), no person arrested without a warrant can be detained by the police for more than 24 hours, excluding the time needed to travel to the court, without a Magistrate's order. If the police need more time, they must produce the person before a Magistrate and ask for remand under Section 187. How police and judicial custody work after that is explained in police custody vs judicial custody.

At the first production, the arrested person can tell the Magistrate about any ill-treatment, ask for a medical examination, apply for bail, and point out if the written grounds of arrest were not supplied.

Arrest of women

Under Section 43(5) BNSS (formerly Section 46(4) CrPC), a woman is ordinarily not to be arrested after sunset and before sunrise. In exceptional circumstances a woman police officer may make the arrest, after a written report and the prior permission of the Judicial Magistrate of the First Class within whose jurisdiction the offence is committed or the arrest is to be made.

If these rights are not followed in Odisha

1. Tell the Magistrate at the first production, and ask for the complaint and any injuries to be recorded.
2. Complain in writing to the Superintendent of Police of the district, or the Commissioner of Police for Bhubaneswar and Cuttack, keeping a received copy.
3. Approach a human rights body: the Odisha Human Rights Commission or the National Human Rights Commission.
4. Habeas corpus: if a person is held without production or a remand order, a writ petition can be filed in the Orissa High Court at Cuttack under Article 226 (see writ petitions in the Orissa High Court).
5. Compensation: in Nilabati Behera v. State of Orissa (1993), a case from Odisha about a death in police custody, the Supreme Court held that the State can be directed to pay compensation for violation of the right to life and liberty.

A short checklist for the family

• Note the name of the police station, the officer's name and the time of arrest.
• Ask for a copy of the arrest memo and the written grounds of arrest.
• Find out the FIR number and the sections; a copy of the FIR can be obtained (see FIR registered against you).
• Arrange an advocate, or contact the District Legal Services Authority, before the remand hearing.
• Keep identity documents of possible sureties ready for a bail application.

Information on criminal matters handled is on the criminal practice area page, and court details are under courts.

Frequently asked questions

Official sources

• Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code)
• Constitution of India, Articles 20 to 22 (Legislative Department)
• Supreme Court: Mihir Rajesh Shah v. State of Maharashtra, 2025 INSC 1288 (report)
• National Human Rights Commission
• Odisha State Legal Services Authority
• Odisha Police

General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.