Arrested in Lucknow? Here's What to Do Immediately (Rights & Steps)
Being arrested is a traumatic experience, but knowing your rights and taking the right steps immediately can significantly improve your situation. In Lucknow and across Uttar Pradesh, the law provides several protections to arrested persons. This guide explains exactly what to do in the first 24 hours after arrest, your fundamental rights, and how to secure your release as quickly as possible.
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Stay Calm and Know Your Fundamental Rights
When you're arrested, panic is natural but staying calm is crucial. First, understand your fundamental rights under the Constitution and CrPC: (1) Right to know the grounds of arrest - Police must inform you why you're being arrested and the charges against you, (2) Right to remain silent - You're not obligated to answer police questions without your lawyer present (except providing basic identity details), (3) Right to legal representation - You can consult and be defended by a lawyer of your choice, (4) Right to be produced before magistrate within 24 hours - Police cannot keep you in custody beyond 24 hours without magistrate's permission, (5) Right to inform someone - You have the right to inform a friend or relative about your arrest, (6) Right against custodial violence - Any torture or physical harm in custody is illegal. Remember: DO NOT resist arrest physically, DO NOT sign any document without reading or without your lawyer, DO NOT give any confession or statement without legal advice.
Contact an Advocate Immediately
This is your most important step. As soon as you're allowed to make a phone call, contact a criminal defense lawyer in Lucknow. If you don't have a lawyer, call a family member and ask them to arrange one immediately. If you cannot afford a lawyer, you have the right to Legal Aid - request the police or magistrate to provide a legal aid lawyer free of cost (available through District Legal Services Authority in Lucknow). The advocate will: (1) Visit you in police custody or lockup, (2) Ensure your rights are not violated, (3) Prepare for bail application, (4) Advise you on what to say or not say during interrogation, (5) File bail application at the earliest - within hours if needed. **Emergency Legal Help in Lucknow:** Keep advocate's contact handy or ask family to contact us at +91 98392 71553 for immediate arrest assistance. We're available 24/7 for urgent criminal matters.
Prepare for the Bail Hearing
In most cases, you're entitled to bail. Your lawyer will immediately start preparing a bail application. Here's what happens: **For Bailable Offenses:** Bail is your right. Police or magistrate must release you on bail if you furnish a surety/bond. **For Non-Bailable Offenses:** Bail is discretionary but magistrate/court can grant it based on factors like: severity of offense, your criminal history (first-time offender has better chances), likelihood of fleeing, evidence tampering risk, and health/age considerations. **Documents Your Family Should Arrange:** (1) Identity proofs and address proofs, (2) Surety person - someone who will guarantee your appearance in court (must have valid ID and property documents if needed), (3) Character certificate or employment proof if available, (4) Medical documents if you have health issues. **Timeline:** Your lawyer can file bail application immediately. For someone in police custody, bail hearing can happen within 24-48 hours, sometimes same day if urgent. Duty magistrates are available even on holidays for bail matters in Lucknow.
What to Do During Police Interrogation
If police want to interrogate you, remember: (1) You have right to have your lawyer present during questioning, (2) Don't give any statement without legal advice - anything you say can be used against you, (3) Police cannot use force, threats, or torture - if they do, it's illegal and you can file complaint later, (4) Don't sign any confession - confessions to police are NOT admissible in court anyway under Section 25 Evidence Act, only judicial confessions (before magistrate) have value, (5) Be polite and cooperative in manner, but firm about your right to remain silent until your lawyer arrives. If police pressure you to sign anything, clearly state: 'I want to consult my advocate before making any statement.' They must allow this. In Lucknow police stations, interrogation should follow proper procedure. If you face harassment, your lawyer can immediately file a complaint with senior police officials or move court.
Document Everything for Your Defense
Even in custody, try to remember and later document: (1) Exact time and place of arrest, (2) Names and badge numbers of arresting officers, (3) Whether arrest memo was given (police must give you a written memo of arrest signed by witnesses), (4) Any physical marks or injuries (get medical examination done if you're hurt), (5) Whether you were taken for medical examination (mandatory in many cases), (6) Names of any witnesses to the arrest, (7) Details of what police told you. This information will help your lawyer prepare your defense and bail application. If there are any procedural violations (like arrest without warrant for non-warrant cases, or illegal detention beyond 24 hours), your lawyer can use them to get bail or even quash the case.
After Bail: What You Must Do
If you get bail, congratulations - but your responsibilities continue: (1) Attend all court hearings - missing court dates can lead to bail cancellation and re-arrest, (2) Follow bail conditions strictly - courts often impose conditions like not leaving the city, reporting to police station periodically, not contacting witnesses, etc., (3) Keep your lawyer informed about any developments, (4) Preserve all documents related to your case, (5) Don't discuss your case on social media or with anyone except your lawyer. If prosecution opposes your bail or if court rejects it, don't lose hope - your lawyer can file application in higher court (Sessions Court or High Court). In Lucknow, High Court bench hears bail matters promptly, especially if someone is in custody.
Frequently Asked Questions
Can police arrest me without a warrant in Lucknow?+
Yes, for cognizable offenses (serious crimes), police can arrest without warrant. For non-cognizable offenses, they generally need a warrant. However, even for cognizable offenses, police should follow arrest guidelines - they must inform you of grounds, give arrest memo, allow you to inform family, and produce you before magistrate within 24 hours.
What is the 24-hour rule for arrest?+
Under Section 57 CrPC, police cannot detain you for more than 24 hours without producing you before a magistrate (excluding journey time from place of arrest to magistrate). This is to prevent illegal detention. If police don't produce you within 24 hours, it's illegal custody and grounds for immediate habeas corpus petition.
Can I get bail on the same day of arrest in Lucknow?+
For bailable offenses, yes - bail can be granted immediately by police station itself or duty magistrate. For non-bailable offenses, if your lawyer files an urgent bail application, in some cases same-day bail is possible especially if you're a first-time offender, the offense is not very serious, or there are medical grounds. Duty magistrates in Lucknow are available even on weekends and holidays for urgent bail matters.
What if I'm arrested late at night or on a holiday?+
Don't worry - legal help is available 24/7. Contact a criminal lawyer immediately. In Lucknow, duty magistrates are assigned to hear urgent matters including bail applications even during court holidays, Sundays, and night hours. Your lawyer can approach the duty magistrate for immediate relief.
Can police keep me in custody for investigation?+
Police custody (also called remand) can be granted by magistrate for investigation, but maximum 15 days in total. Magistrate must be satisfied that custody is necessary. After that, if trial is not completed, you're sent to judicial custody (jail). During police remand, your lawyer can challenge it in court if it's unjustified.
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Disclaimer: This article is for general information purposes only and does not constitute legal advice. Every case is unique and requires specific legal analysis. For advice specific to your situation, please consult Advocate Onkar Pandey or another qualified attorney in Lucknow.