May God never befall such tragedy on you but in case you or someone dear to you ever gets arrested then you should know your rights. Rights that have been assigned to you by the Constitution are very essential to survive in this democracy and some corrupt officials. Make sure you know them by heart!
Right to audience with Magistrate
The most important thing for you to know is that you have the right to seek and audience with the nearest magistrate within 24 hours of your arrest. The time taken to travel to the Magistrate is not included in the 24 hours. In case of a arrest on weekends, cops can’t give the excuse of magistrate not being available as it’s a holiday. Magistrates are available 24X7.
Right to remain silent
You have the right to remain silent and not put yourself into unnecessary trouble by speaking in haste. Incriminating yourself in such circumstances can be very dangerous.
Right to legal aid
You have the right to have a lawyer. If you don’t have one then the government is supposed hire someone on your behalf. Your lawyer can always accompany you to such proceedings.
Right against handcuffing and torture
You can choose not to be handcuffed unless the police thinks you are about to run for your life, then they can handcuff you. Any kind of crime under arrest is also a crime. You are not to be subjected to any type of torture, be it mental or physical.
Right to inform someone
You have the right to inform someone about your arrest. Remember, when people who got arrested asked, “Where is my phone call”?
Right against illegal detention
Habeas Corpus is a funny thing. It says you can be unlawfully detained. If you haven’t been presented before a magistrate within 24 hours of your arrest then it’s illegal and you can seek legal help by directly approaching the High Court.
Right of women to resist arrest
As a woman, you cannot be arrested after sundown and before sunrise. In case of extreme situations, a magistrate’s written permission and a woman police officer is required to make the arrest.
Right to discretion
The identity of a rape victim is not be disclosed. It is an offence and punishable for upto 2 years under IPC.
Right of women to claim wedding gifts
For Hindu women, al wedding gifts including gold belongs to the bride. For Muslim women, Meher is exclusively assigned at the time of marriage.
Right against domestic violence
Domestic Violence Act, 2005 applies to unmarried women and Live-in partners too.