The fundamental rights guaranteed to all Indian citizens by the Constitution are known as fundamental rights. They are referred to as "fundamental" since they are necessary for living a complete and respectable life. 

These rights;

• Defend people against unjust treatment, particularly from strong authorities such as the government.
• Provide reasonable restrictions on the freedoms of speech, belief, and action.
• Encourage equality and make sure that no one faces prejudice on the basis of their gender, race, religion, caste, or place of birth.
• Respect human dignity by acknowledging each person's autonomy and value.

Without fundamental rights, the government may have unbridled authority, and common people would be open to injustice, discrimination, and exploitation. These rights serve as a barrier between the state and the person. They ensure that India continues to be a democracy with free speech, a fair society in which everyone is subject to the law and a secure environment for all citizens, underprivileged groups, and minorities.

An individual's arrest represents a turning point where the state's authority and citizens' rights collide. The Indian Constitution guarantees that no one's dignity or fundamental liberties are taken away from them, even if they are detained. Arrested people are shielded by their fundamental rights from arbitrary detention, illegal treatment, and abuse of power. The idea that everyone is deemed innocent until proven guilty is protected by these rights, which include the right to legal representation, the right to know why they were arrested, and the right to appear before a magistrate. All citizens who uphold the principles of justice, equity, and democracy must be aware of these rights, not only those who might be arrested. A person's fundamental rights are not violated when they are arrested. The Indian Constitution guarantees that everyone, including those who are arrested, is treated fairly, with dignity, and in accordance with the law. These rights provide justice and shield people from abuses of police authority. Let's get a clear understanding of them using an example:

A false accusation of theft led to the imprisonment of Anoohya's brother. Anoohya seeks assistance from lawyer Jatin in order to learn about her brother's rights as an arrested individual. Let's examine the conversation between Jatin and Anoohya in which he describes the rights of a person who has been arrested.

Anoohya: My brother has been arrested! I am here to get help from you. Can you please tell me that the police can just arrest someone like that?

Jatin: The police cannot arrest a person for no reason. They need to have reasonable suspicion that a crime has been committed. For minor offenses, they are supposed to refrain from arrest unless it is unavoidable such as to keep the person from fleeing, injuring someone, or destroying evidence. If there's no justification, then the arrest is unlawful, and we can oppose it.

Anoohya: They didn't even tell him why they were arresting him! Is that allowed?

Jatin: No, that’s against the law. All persons who are arrested have the right to be told immediately the reason why they are arrested and on which law. If they did not inform him, that is a breach of his constitutional rights under Article 22 of the Constitution which guarantees that a person arrested must be informed of the grounds for arrest, has the right to consult and be defended by a legal practitioner of their choice, and must be produced before a magistrate within 24 hours of arrest.

Anoohya: We don't know where they have taken him. What can we do?

Jatin: The police should allow the person arrested to notify a relative or friend of the arrest and the detention facility. It's not simply good sense it is a Supreme Court-mandated requirement, as established in the case of DK Basu v. State of West Bengal . In this regard, the Court declared that whenever anyone is arrested, the police should inform a family member or friend immediately. The arrest memo should be prepared during the arrest. The person to be arrested should be medically examined. They should be produced before a Magistrate within 24 hours. If the police fail to do so, it is a serious offence, and action can be initiated against them.

Anoohya: How long can the police keep him like this?

Jatin: The police have to present him before a Magistrate within 24 hours of arrest (excluding the time taken for transit). If not, we have illegal detention, and we can seek his release at once by filing a habeas corpus petition.

Anoohya: Can we meet him? Can he talk to a lawyer now?

Jatin: Yes, definitely. He can have the right to call a lawyer at once after his arrest. He is also entitled to see you. In case the police are rejecting this, we can proceed to court in urgency.

Anoohya: Will the police beat him? He’s very scared!

Jatin: The law prohibits strictly torture or violence of any sort at the time of arrest or custody. Under Article 21, your brother is entitled to a right to life and personal dignity . If he is injured, we can charge criminal offenses against the police officers, and he can also be compensated.

Anoohya: How do we make sure they don't mistreat him?

Jatin: Upon arrest, your brother is entitled to a medical checkup by a physician. This assessment documents any injuries, which serve to safeguard him against police brutality. He also needs to be re-interviewed every 48 hours while in custody. Also, the police need to prepare an Arrest Memo a paper indicating the time, location, and cause of arrest, signed by a witness (ideally a family member).

Anoohya: The police won't give us any documents about his arrest. Aren't they supposed to give us something?

Jatin: Yes, definitely. The police are required to make an Arrest Memo during the time of arrest, and a copy should be handed over to the arrested individual or his family. This memo makes important notes such as the time, date, and grounds of arrest, and is designed to avoid illegal detentions. If they have not provided it, we can ask for it formally and even report the breach to senior officials.

Anoohya: The police are not following the rules. What can we do right now?

Jatin: We can straightaway file a petition for a habeas corpus in court if he is illegally detained. Make a complaint with superior police authorities and the Human Rights Commission. Appeal for emergency court action on bail, medical testing, and protection. The law is in your Favor we just need to move fast and intelligently.

Anoohya: We heard he admitted to something at the police station. Will he be convicted with that admission?

Jatin: Not necessarily. In India, any admission to the police in custody is not admissible in court under Section 25 of the Indian Evidence Act, 1872 . Only a voluntary confession before a Magistrate can be used as evidence. We will see if there was any coercion or pressure. If so, we can have that so-called confession dismissed.

Anoohya: He’s a young boy. Are there special rules for him?

Jatin: Yes. If he is below 18 years, he is handled under the Juvenile Justice Act, which provides special safeguards. He cannot be kept with adult offenders, and bail is typically simpler to obtain. In the same vein, women, elderly, and people with disabilities are also protected uniquely during arrest and detention.

Anoohya: Can we get him out on bail?

Jatin: That is dependent upon what he has been arrested for. If it's a bailable offense (such as giving minor injuries), he can be bailed at once. If it's a non-bailable offence (such as grievous assault or murder), we will seek bail in court, but it will be within the judge's discretion. In any case, we will move promptly to secure his release.

Anoohya: Can he be safeguarded during custody until we obtain the bail?

Jatin: Yes. We can file for interim bail or anticipatory bail (depending on the case) immediately. If he is already under detention, we can request the court for judicial custody rather than police custody, which is safer. We can also ask the Magistrate to provide him with safety, medical attention, and legal access while he is within.

Anoohya: Thank you for clearing my doubts. Can you please help me in filing an interim bail?

Jatin: Yeah Sure!

Even in the face of criminal charges, the rights of those who have been arrested serve as an essential safeguard against the abuse of state power and guarantee that the values of justice, equity, and human dignity are respected. According to Indian law, every person who is arrested must be told the reason for their arrest, have access to legal representation, appear before a magistrate within twenty-four hours, and be protected from torture and unlawful detention. This is made clear by the Constitution, particularly Articles 20, 21, and 22, as well as by important court rulings like those established in D.K. Basu v. State of West Bengal.

The exchange between Jatin and Anoohya demonstrates how being aware of one's rights enables people to react to illegal activity in a timely and efficient manner. In the end, exercising these rights and being aware of them not only safeguards the individual but also upholds democracy and the rule of law in society.

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