The hours immediately after an arrest are when rights are most often disregarded and when families are least equipped to respond. Knowing the basic position changes what happens.
Production before a magistrate
A person arrested must be produced before a magistrate within twenty-four hours of arrest, excluding the time necessary for the journey. Detention beyond that without production is unlawful.
This is the single most important protection, and the one most worth insisting upon.
Rights on arrest
- To be informed of the grounds of arrest
- To be produced before a magistrate within twenty-four hours
- To consult a legal practitioner of choice
- To have family informed of the arrest and place of detention
- Not to be subjected to torture or coercion to confess
Confessions
A confession made to a police officer is not admissible in evidence in the ordinary way. Pressure to sign statements is nonetheless common. Nobody should sign a document they have not read and understood, and the fact that a signature was obtained under pressure should be raised at the first opportunity before the magistrate.
What family should do immediately
- Establish where the person is being held and under which FIR
- Obtain the FIR number and the sections alleged
- Instruct a lawyer without waiting to see how things develop
- Ensure the twenty-four hour production is not missed
- Record any visible injury, and raise it before the magistrate
Remand
The magistrate decides whether to grant physical or judicial remand. This is a hearing, not a formality, and representation at it matters more than most families realise.
What to do next
If a family member has been arrested, the priority is establishing the FIR details and securing representation before the first production. That window is short.