What to do immediately after arrest

What to Do Immediately After Arrest

An arrest can be a distressing experience, but it is important to remain calm and act in accordance with law. The steps taken immediately after arrest can have a significant impact on personal liberty and the future course of the criminal case.

Arrest does not strip a person of legal rights. Awareness of these rights and timely action can prevent illegal detention and misuse of power.

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The first step after arrest is to clearly understand the grounds of arrest. Under Section 50 CrPC, the police must inform the arrested person of the reasons for arrest and, in bailable offences, of their right to be released on bail.

The arrested person should exercise the right to consult a lawyer at the earliest. Legal advice at this stage ensures that procedural safeguards are followed and that any request for bail is made promptly.

1. Stay Calm and cooperate without making self-incriminating statements.
2. Ask for Legal Counsel immediately.
3. Inform a Trusted Person about the arrest.

It is also advisable to ensure that an arrest memo is prepared, mentioning the date, time, and place of arrest, and that it is duly signed as required by law.

Silence is a right — no person is bound to make self-incriminating statements after arrest.

• Right to Silence under Article 20(3) of the Constitution.
• Medical Examination at the time of arrest.
• Production Before Magistrate within 24 hours.

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• Apply for Bail at the earliest opportunity.
• Cooperate with Investigation without compromising rights.
• Document Any Irregularities during arrest or custody.

Importance of timely legal assistance

Prompt legal assistance ensures that illegal detention, custodial abuse, or procedural violations are addressed immediately. Courts view early compliance with legal safeguards as an important factor while considering bail.

Delays in asserting legal rights can adversely affect liberty and complicate the defence at later stages of the case.

Knowing what to do immediately after arrest empowers individuals to protect their rights and ensures that the criminal justice process operates within constitutional limits.