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Being unfairly detained is a traumatic experience that can have long-term effects in your life. Understanding your rights is crucial for successfully navigating a complex legal system like India’s. Wrongful arrests can occur as a consequence of errors or abuse of authority by law enforcement, therefore knowing how to defend yourself is vital.
The aim of this article is to give you a clear understanding of your rights if you are wrongfully arrested in India, as well as to walk you through the steps you must take to ensure your safety and pursue justice.
In India, the Constitution guarantees certain rights aimed at protecting individuals from wrongful arrest.
Right to be informed: According to Article 22 of the Indian Constitution, everyone who is arrested has the right to know why they were arrested and what charges they are facing. If this does not happen, it becomes a violation of their rights.
Right to consult with a lawyer: You have the right to retain legal representation as soon as you are arrested. If you are unable to afford to engage a lawyer, you might request that one be appointed by the government.
Right to appear before a magistrate: Section 58 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 demands that you appear before a magistrate within 24 hours of being arrested. If this does not occur, your detention may be deemed illegal.
Right against illegal detention: If you are detained without a solid reason, you can appeal to a higher court, which will result in your release.
Maintaining composure is critical in the aftermath of an unjust arrest. Although it may appear overwhelming, staying calm might help you manage the situation more efficiently.
Avoid conflict: Do not resist arrest or argue with police officers. Resisting arrest may result in additional charges, aggravating the situation.
Document the arrest: If possible, record information such as the officers’ names and badge numbers, as well as the time and location of arrest. Collect contact information from any witnesses present.
You have the right to know why you were arrested and what accusations were brought against you. According to Indian law, the police must notify you of the charges; rejection may result in an illegal arrest.
If you are wrongfully arrested, insist on being informed of the charges immediately. If the police do not provide a valid explanation, your arrest may be considered illegal.
After being arrested, you may be eligible for bail, depending on the charges and circumstances. In less serious cases, bail may be granted quickly.
Bail Procedure: Bail is often easier to get in non-cognizable offences; but, in cognisable offences (where police can arrest without a warrant), the court has discretion in granting bail. The sooner you obtain legal counsel, the faster the process will move forward.
Seek legal counsel: A lawyer can help you apply for bail and defend your legal rights. If you are apprehensive about getting arrested, you can ask for anticipatory bail to prevent the situation from occurring.
If you believe your arrest was unjustified, you may file a formal complaint against the police officers involved. This will result in an internal investigation into their behaviour.
File a FIR: If necessary, file a First Information Report (FIR) against the police officers. This calls for an official investigation into the unjust arrest.
Approach the higher authorities: If your complaint is not resolved, you may take it to higher authorities, such as the Superintendent of Police (SP) or, in the event of serious infractions, the Human Rights Commission.
Victims of unjust arrests are entitled to compensation under Indian law. Section 395 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) stipulates that if someone is wrongly arrested and acquitted, they have the right to demand compensation. Civil law provides for compensation for losses incurred by false arrest.
Furthermore, police officers may be held liable for damages resulting from a wrongful arrest, and the Supreme Court has stated that officers can be punished for such actions.
Wrongful arrest can be part of a bigger strategy of malicious prosecution, in which false charges are levelled against someone. If you are acquitted, you may pursue a case of malicious prosecution.
If your arrest was made with an ulterior motive, you may seek recompense for the harm caused. This creates a legal barrier against arbitrary action by law enforcement.
Being unfairly arrested might be upsetting, but you must learn your rights and how to respond. Staying calm, cooperating with law enforcement, and seeking legal representation can all help you manage the situation and appeal an unfair arrest.
The Indian legal system includes options for disputing wrongful arrests, obtaining reparations, and holding law enforcement accountable. Individuals can seek legal guidance from legal resources and platforms that provide critical information on protecting one’s rights, such as those provided by legal practitioners like Adv. Abdul Mulla and his website, www.lifeandlaw.in and www.asmlegalservices.in.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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