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YOUR LEGAL RIGHTS in case of POLICE ARREST

Incase of an arrest by the Police every person has the following Legal Rights. Awareness of your legal rights empowers you and makes you less vulnerable to police harassment. The following document was distributed by - Lawyers Collective HIV/AIDS Unit

I. What are your RIGHTS if the police call you for questioning?

• The police must make a formal request through a notice requesting you to be available at a particular place and time (S.160, Cr.P.C)   
• Notice should give you time of up to seven days to make yourself available for questioning.
• You can consult a lawyer and be accompanied by him/her at the time of questioning
• You can refuse to answer any question that incriminates you (S.161, Cr.P.C)
• Any statement recorded by the police has to be read out to you, before you sign it.
• You can refuse to sign any statement
• Any statement/confession made before the police is not admissible in evidence while prosecuting a case (S.25, Indian Evidence Act).

II. What are your RIGHTS if the police arrest you?

• To be informed of why you have been arrested  
• To make a phone call
  - to inform at least one friend or relative or other person known to you that you have been arrested and where you are being detained
  - to consult a lawyer and be represented by her/him in Court
• If you cannot afford a lawyer, you have the right to ask for Free Legal Aid. The Magistrate who is hearing your case will provide you with a lawyer to help you in your case.
• You cannot be handcuffed, but all means necessary to arrest you can be used if you resist
• To be produced before a Magistrate within 24 hours of being arrested
• To be released from police custody on bail if you have been charged with a bailable offence
• To apply for bail in the Magistrate's Court if you have been charged with a non-bailable offence
• To be examined at the time of your arrest. Any injuries on your body must be recorded
• To have a medical examination by a trained doctor every 48 hours during your detention
• To meet your lawyer during interrogation

III. The police have no right to harass you

• Police persons are bound to act within the law
• Harassment and extortion amount to misconduct
• Police persons may be suspended and action taken against them for misconduct under the Indian Penal Code (If a public servant disobeys any law, knowing that such a disobedience will cause injury to some one, he/she can be punished)

IV. What are the provisions of Criminal law that can protect me from harassment/violence?

• Coercion and physical violence is punishable by law. The Indian Penal Code makes the following acts punishable:
  - Assault, which includes a threat of physical violence
  - Wrongful restraint
  - Wrongful confinement
  - Voluntarily causing hurt
  - Causing hurt in order to extort money or even a confession

V. What action can I take if I face harassment/violence?

• You can contact a human rights organization for support and legal advice
• Family/relatives or a friend can send an urgent telegram to the Commissioner of Police, if you are picked up by the police or any other investigating agencies for questioning or any other purpose without a formal arrest and they are unaware of the place of detention.
• You can make a criminal complaint at the police station and make sure that a First Information Report (FIR) is registered
• You also have the option of making a complaint to the Magistrate. This may be a better idea where you have faced violence of harassment at the hands of a police person
• If the person harassing you is a police person, you can make a complaint to the Commissioner of Police and ask for a departmental inquiry against him/her

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Being gay is not a crime in India. S.377 of the IPC only criminalizes sexual acts like anal/oral sex, not any sexual orientation. The section applies to all persons equally, including heterosexuals.

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Disclaimer
This is not a legal advice or opinion and we are not liable for any person acting or any act committed pursuant to the abovementioned statements. You may take appropriate legal opinion/advice in the matter.

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Lawyers Collective HIV/AIDS Unit
Phone : 022- 2267-6213 / 19, email: aidslaw@vsnl.com 

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