The short answer
Three rights attach the moment you are arrested, and they come from the Constitution itself — not from any officer's discretion. One: you must be told the grounds of your arrest. Two: a person of your choice must be informed that you have been arrested. Three: you have the right to consult and be defended by a legal practitioner of your choice. Memorise them now; the first hour is when they matter most.
Right one: the grounds, in writing
Article 22(1) of the Constitution says no person who is arrested shall be detained in custody without being informed of the grounds for the arrest. This is the foundation everything else stands on — you cannot answer, explain, or defend against what you have not been told. Ask for the grounds in writing, and note the exact time you asked.
Right two: someone you choose must be told
In D.K. Basu v. State of West Bengal (1997), the Supreme Court laid down binding guidelines on arrest procedure, and one of them is direct: the arrested person has the right to have a friend, relative, or other person known to them informed of the arrest. Not someone the police pick — someone you pick. Give one name and one number, clearly.
Right three: a lawyer of your choice
Article 22(1) also gives every arrested person the right to consult, and to be defended by, a legal practitioner of their choice. This is not a courtesy extended after questioning — it is a constitutional right that exists from the moment of arrest. If you have a lawyer's number, use it. If you do not, the person you named under right two can find one for you.
Rights, not favours
Frame this correctly in your head: these safeguards flow from the Constitution and the Supreme Court's guidelines, so asserting them calmly is not obstruction and not disrespect. The D.K. Basu guidelines also require the arrest itself to be formally recorded — an arrest memo noting the time and place — which is why noting the time, the place, and the officers' names yourself is worth doing: your notes and their record should match.
What to do in the first hour
In order, as calmly as you can manage:
- 1Stay calm and comply physically. Never resist arrest — resistance creates a second problem on top of the first.
- 2Ask for the grounds of your arrest in writing.
- 3Give one name and one phone number to be informed of your arrest.
- 4Ask to contact your lawyer, or have your named person contact one.
- 5Note the time, the place, and the names or belt numbers of the officers, if visible.
- 6Wait for your lawyer before discussing the substance of the case.
A note on this guide
This is a description of the public process, not legal advice. For advice about your own case, speak to a lawyer or the police station handling it.