Constitutional Rights
Know Your Rights
If you have been arrested, detained, or questioned by police, these are your fundamental rights guaranteed by the Constitution of India. Know them. Assert them. They cannot be taken from you.
Fundamental Rights
Your Protections Under the Constitution
Right to Equality
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. No person can be treated differently on the basis of religion, race, caste, sex, or place of birth.
Right to Freedom of Speech & Assembly
Every citizen has the right to freedom of speech and expression, the right to assemble peaceably and without arms, and the right to form associations. Peaceful protest is a constitutionally protected activity.
Right to Life & Personal Liberty
No person shall be deprived of his life or personal liberty except according to procedure established by law. This is the most fundamental right — any arbitrary detention violates this article.
Protection Against Arbitrary Arrest
No person who is arrested shall be detained in custody without being informed of the grounds for such arrest. Every arrested person has the right to consult and be defended by a legal practitioner of their choice.
Step by Step
If You Are Arrested — What To Do
Stay Calm. Do Not Resist.
Physical resistance can lead to additional charges. Comply with the arrest but clearly state: "I do not consent to this arrest and I am asserting my rights under Article 22."
Demand to Know the Grounds
Under Article 22(1), police must inform you of the reason for your arrest. Ask clearly: "What are the grounds for my arrest? Show me the warrant or FIR."
Exercise Your Right to Silence
You are not obligated to answer questions without a lawyer present. Politely state: "I wish to speak with a lawyer before answering any questions." This is your right.
Contact Family or a Lawyer Immediately
You have the right to inform a family member or friend of your arrest. If you cannot afford a lawyer, you are entitled to free legal aid under Section 304 CrPC.
You Must Be Produced Before a Magistrate Within 24 Hours
Under Article 22(2) and Section 57 CrPC, police cannot detain you for more than 24 hours without producing you before a magistrate. If this is violated, it is illegal detention.
File a Complaint with Awaaz
Document everything — time of arrest, names of officers, police station, charges stated. Then file a complaint with us immediately so our legal team can act.
Were Your Rights Violated?
If police failed to inform you of grounds for arrest, denied you access to a lawyer, or detained you beyond 24 hours without producing you before a magistrate — these are violations of your fundamental rights.
This page provides general legal information for awareness purposes only. It does not constitute legal advice. For advice specific to your situation, please file a complaint and speak with one of our advocates.