NATIONAL INTELLIGENCE BUREAU

Know Your Rights If You Are Arrested

A person is arrested when a police officer or a citizen takes him into custody or otherwise substantially deprives him of his freedom of action so that he may be held to answer for a crime or an offence. The police in India do not have any power to detain anybody for questioning unless he is arrested with or without warrant.

Warrant of Arrest

It is a written order issued by a Court to a police officer to arrest and produce an offender or to search his premises for a particular thing. A valid warrant must be: (i) in writing, (ii) signed by the presiding officer of the Court, and (iii) bear the seal of the Court.

• Bailable Warrant: Contains a direction that if the person executes a bail with sufficient sureties, they may be released.
• Non-Bailable Warrant: The direction for bail is not endorsed on the warrant.

Arrest Without Warrant

A police officer has power to arrest a person without warrant if he is concerned in a cognizable offence (serious offences like murder, rape, robbery). Key grounds include:

• Possession of house-breaking implements or stolen property.
• Being a proclaimed offender or obstructing a police officer.
• Escaping legal custody or being a deserter from the armed forces.
• Being a habitual criminal.

Your Rights When Arrested

1. Right to Know Grounds: You must be informed of the reasons for your arrest (Article 22 & Sec.50 Cr.P.C.).
2. Right to See Warrant: If arrested under warrant, you have the right to see it (Sec.75 Cr.P.C.).
3. Right to Lawyer: Right to consult a lawyer of your choice (Article 22).
4. Magistrate Production: You must be produced before the nearest Magistrate within 24 hours (Article 22).
5. Bail Information: You must be told whether you are entitled to be released on bail (Sec.50 Cr.P.C.).

Handcuffing: Normally, an arrested person should not be handcuffed unless violent or likely to escape. Arrest is not a punishment.

Search & Medical Examination

Search of Person:

Police can search an arrested person and must give a receipt for articles taken. A female can only be searched by another woman with strict decency.

Medical Examination:

• Police may require a medical exam to prove an offence (Sec.53).
• The accused can request a medical exam to prove innocence or torture (Sec.54).
• Women have the right to be examined by a female doctor.

Bail Provisions

Bail means releasing an arrested person from legal custody until their trial.

• Bailable Cases: Bail is a legal right. Police must grant bail upon execution of a bond.
• Non-Bailable Cases: Only the Court can order release. However, women, children under 16, and sick persons may be granted bail even for serious offences.

Anticipatory Bail:

When a person believes they may be arrested for a non-bailable offence, they may apply to the High Court or Sessions Court for a direction to be released on bail in the event of arrest.

If Bail is Refused:

The Magistrate must record reasons. The accused can appeal to the Sessions or High Court.

Know Your Rights Against Trafficking

Trafficking involves recruitment, transportation, or harbouring of persons by force, fraud, or coercion for exploitation (sexual exploitation, forced labour, slavery, organ removal).

Constitutional Right: Article 23 prohibits traffic in human beings and forced labour.

Punishments under Immoral Traffic Prevention Act (ITPA)

Offence	Punishment
Running/Managing a Brothel	1 to 5 years imprisonment + Fine
Living on earnings of prostitution	2 years imprisonment + Fine
Procuring/Buying/Selling humans	3 to 7 years imprisonment (7-14 years if against minor)
Detaining a person in a brothel	7 to 14 years imprisonment
Kidnapping/Abduction for illicit sex	3 to 7 years imprisonment (7-14 years if against minor)

Important Protections:

• Victims charged with "soliciting" cannot be imprisoned for more than 1 year.
• Search of premises must be witnessed by two locals (one woman).
• Rescued women/children must be medically examined for age and injuries.
• Interrogation of victims must be done by a Woman Police Officer or in presence of a woman NGO activist.

Rights of Elderly People

"Senior Citizens" are defined as persons aged 60 years and above. The Constitution (Article 41) directs the State to make effective provisions for public assistance in old age.

Legal Maintenance

Under Section 125 Cr.P.C. and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, children and relatives are legally obligated to maintain senior citizens.

• Parents unable to maintain themselves can apply to a Tribunal.
• Maintenance includes food, shelter, clothing, and medical treatment.
• Abandonment of senior citizens is a punishable offence.
• Transfer of property can be revoked if the transferee neglects the senior citizen.

Government Concessions for Senior Citizens

• Railways: 40% concession for males (60+), 50% for females (58+). Separate counters at PRS centres.
• Air Travel: Air India offers 50% discount (Subject to conditions).
• Income Tax: Higher exemption limits for seniors (60+) and super seniors (80+).
• Health: Separate queues in government hospitals; Geriatric clinics; Insurance entry allowed up to 65 years.
• Finance: Higher interest rates on savings; Senior Citizens Savings Scheme.
• Pension: Additional pension amounts for those aged 80+.

Consumer Rights

Consumers have the right to protection against unfair trade practices and hazardous goods.

1. Right to Safety: Protection against goods hazardous to life and property.
2. Right to be Informed: Right to know quality, quantity, potency, purity, standard, and price.
3. Right to Choose: Access to a variety of goods at competitive prices.
4. Right to be Heard: Representation in consumer forums and consideration of interests.
5. Right to Seek Redressal: Fair settlement of genuine grievances.
6. Right to Consumer Education: Acquiring knowledge to be an informed consumer.