What happens after an arrest in India? Rights you should know is one of the most crucial areas of legal awareness for anyone facing criminal charges or supporting someone through the process. Arrest is not just a legal event — it can have profound psychological, social, and legal consequences. Whether the arrest is lawful, arbitrary, or mistaken, it is vital to understand your rights, the correct legal procedure, and the protections offered under Indian law.
This article provides a detailed guide to what happens after an arrest under the new criminal procedure law (BNSS, 2023). It is useful for law students, clients, and individuals seeking help from criminal lawyers in Chandigarh, high court advocates in Chandigarh, and criminal defense lawyers.
Legal Framework Governing Arrest in India (As per New Laws)
The arrest procedure is now governed primarily under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the Code of Criminal Procedure (CrPC), 1973. The arrest-related provisions have been updated but largely maintain the rights and safeguards previously available under CrPC.
Key Legal Provisions:
- Section 35 BNSS – Right to be informed of the grounds of arrest
- Section 36 BNSS – Right to inform a friend or relative
- Section 37 BNSS – Right to legal representation
- Section 38 BNSS – Medical examination of the accused
- Section 39 BNSS – Production before Magistrate within 24 hours
- Article 22(1) and 22(2) of the Constitution of India – Fundamental rights of the arrested person
Step-by-Step Process After an Arrest
Step 1: Detention by Police
An arrest typically begins with the police detaining a person suspected of committing a cognizable offence (such as theft, assault, or murder). Under Section 35 of BNSS, the arresting officer must:
- Identify themselves
- Show valid credentials
- Inform the accused of the grounds of arrest
Failure to follow these protocols can render the arrest illegal and a writ petition can be filed in the High Court by high court lawyers in Chandigarh.
Step 2: Right to Inform a Family Member or Friend
Under Section 36 of BNSS, it is mandatory for the police to:
- Inform a family member or nominated person
- Make an entry in the case diary confirming this communication
This is in line with the constitutional protection under Article 22(1).
Step 3: Right to Legal Representation
Every person arrested has the right to consult and be defended by a criminal advocate of their choice. Section 37 BNSS affirms this right. Arrested individuals may contact criminal defense lawyers in Chandigarh for urgent legal advice or anticipatory bail filings.
Step 4: Medical Examination
As per Section 38 BNSS, every person arrested must undergo a medical check-up within 24 hours. If the person is a woman, the examination must be conducted by a female medical officer.
This is done to:
- Document pre-existing injuries
- Prevent custodial violence
- Ensure humane treatment in custody
Step 5: Production Before Magistrate Within 24 Hours
Under Section 39 BNSS, the arrested person must be brought before a Magistrate within 24 hours, excluding travel time. This is non-negotiable and protected under Article 22(2) of the Constitution.
The Magistrate may:
- Grant police custody
- Grant judicial custody
- Release the accused on bail
Rights of the Arrested Person in Detail
Right to Know the Charges
This right is enshrined in Section 35 BNSS and Article 22(1). The accused must know:
- The reason for arrest
- The sections under which they are being charged
Right to Remain Silent
While not explicitly mentioned, this is derived from the right against self-incrimination under Article 20(3) of the Constitution.
Right to Bail
Under the new laws:
- Section 187 BNSS covers bailable offences
- For non-bailable offences, bail can be granted at the discretion of the Magistrate
Criminal lawyers in Chandigarh frequently assist clients with bail petitions, especially in serious or fabricated cases.
Right to Free Legal Aid
If the accused cannot afford a lawyer, the state is obligated to provide one under Article 39A of the Constitution and Legal Services Authorities Act, 1987.
Right to Fair and Speedy Trial
This right is a part of Article 21 – Right to life and personal liberty – and is now operationalized more robustly under the BNSS through stricter timelines for investigation and trial.
Duties of Police During and After Arrest
Maintain Arrest Memo
Police must prepare a memo of arrest, signed by:
- Arresting officer
- Two independent witnesses
- The arrested person
Maintain Case Diary and Log Book
These documents must include:
- Time of arrest
- Grounds of arrest
- Physical and mental condition of the accused
This record is essential for high court advocates in Chandigarh who challenge illegal detention or custodial harassment.
Respect Human Dignity
Police must avoid:
- Torture
- Third-degree methods
- Unlawful threats
The Supreme Court of India in DK Basu v. State of West Bengal (1997) laid down guidelines to prevent custodial abuse, most of which are codified in BNSS.
What to Do After an Arrest in Chandigarh
If you or someone you know is arrested in Chandigarh:
Contact Criminal Advocates in Chandigarh Immediately
Experienced criminal defense lawyers in Chandigarh can:
- Ensure legal representation
- Apply for interim bail or anticipatory bail
- Monitor custodial conditions
Ensure Compliance With Medical and Legal Safeguards
Request medical examination and inform your legal counsel if:
- You are denied access to a lawyer
- You are not produced before a Magistrate within 24 hours
- You are not informed about your rights
Engage High Court Lawyers for Habeas Corpus (If Needed)
If someone is unlawfully detained beyond 24 hours or without charges, high court lawyers in Chandigarh can file a writ of habeas corpus under Article 226.
Role of Magistrate After Arrest
Initial Remand Hearing
At this stage, the Magistrate decides:
- Police custody (maximum 15 days under Section 187 BNSS)
- Judicial custody (up to 60 or 90 days depending on the offence)
Bail Hearings
The Magistrate considers:
- Severity of offence
- Risk of tampering with evidence
- Previous criminal history
If the accused is denied bail at this stage, a revision application can be filed in the Sessions Court or High Court.
Consequences of Unlawful Arrest
If the arrest is made:
- Without proper warrant (for non-cognizable offences)
- Without informing the accused of their rights
- Without producing before a Magistrate within 24 hours
Then the accused may:
- File a writ petition in the High Court
- Claim compensation for wrongful arrest
- Initiate disciplinary proceedings against police officers
In such cases, advocates in Chandigarh or high court advocates often demand compensation under Article 32 or 226.
Juvenile Arrest Procedure
As per the Juvenile Justice (Care and Protection of Children) Act, 2015:
- A child in conflict with law cannot be arrested like an adult
- No handcuffing or detention in police lock-ups
- Must be produced before the Juvenile Justice Board within 24 hours
Arrest of Women: Special Safeguards
As per Section 43 of BNSS and case law:
- Women can only be arrested by a female police officer
- Arrest must not take place after sunset or before sunrise without prior permission from a Magistrate
- Medical examination must be conducted by a female doctor
Violation of these norms can be used by criminal lawyers in Chandigarh to seek quashing or compensation.
Bail Applications After Arrest
Types of Bail
- Regular Bail – Filed after arrest
- Interim Bail – Temporary protection until regular bail is decided
- Anticipatory Bail – Filed before arrest (Section 484 BNSS replaces 438 CrPC)
Where to Apply?
- Magistrate Court – For regular bail
- Sessions Court or High Court – For anticipatory bail or serious offences
High court advocates in Chandigarh are essential for drafting effective bail applications and arguing on grounds of false implication or urgency.
Arrest is a serious legal action that affects your liberty, dignity, and reputation. However, the Indian legal system, under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, offers robust protections and clear procedures for anyone facing arrest. From the moment of detention to trial, your rights are protected under the Constitution and statutory law.
Whether you are a student, a professional, or an innocent individual caught in a legal trap, understanding your post-arrest rights is essential. If you or your loved ones are arrested in Chandigarh, it is important to consult competent criminal defense lawyers in Chandigarh, high court lawyers, or criminal advocates who can take immediate steps to protect your rights, ensure due process, and apply for bail or other relief measures.
FAQs on What Happens After an Arrest
- What should I do immediately after being arrested?
Stay calm, do not resist arrest, and immediately request to speak with a criminal lawyer in Chandigarh. Ensure your family is informed and keep a record of all events. - Can I be arrested without a warrant?
Yes, for cognizable offences, police can arrest without a warrant. For non-cognizable offences, they need prior approval from a Magistrate. - How long can I be kept in police custody?
Under Section 187 BNSS, police custody is permitted for a maximum of 15 days, and beyond that, only judicial custody is allowed. - What is the role of high court lawyers in case of unlawful arrest?
They can file a writ of habeas corpus or a petition for compensation and disciplinary action against the police authorities. - Do I have to answer all police questions during interrogation?
You have the right to remain silent under Article 20(3) and are not obligated to self-incriminate.