What rights do I have if I have been arrested by the police in India?

What rights do I have if I have been arrested by the police in India? by Tejasvita Apte

Answer by Tejasvita Apte:

The first thing you need to know is –

Every person who is arrested is supposed to be taken before the nearest magistrate within 24 hours of the arrest. (Time taken to travel to the Magistrate is excluded from the 24 hours)

This is the most important thing you need to know.

You then have the following rights –

1. Right to be silent / Right against self – incrimination

You have the right to remain silent. In fact the police is supposed to tell you that everything you say may be used against you in the court of law.

Regardless of whether they tell you this or not, remember you have the right to remain silent.

2. You have the right to legal aid-

You have the right to call your lawyer. If you ever get a call from a Police station and they ask you to come and answer some questions, even then, first contact your lawyer. Do not walk into the station. You can ask the police officer to summon you in writing.

3. If there is a warrant, you are entitled to see it –

Remember you can be arrested even without a warrant. But if the Police say that they have a warrant, you have a right to see it.

4. Right against Handcuffing and torture

You have a right to not be handcuffed. Only if the police suspect that you are likely to run away, should they handcuff you.
You cannot be subjected to torture and it is a crime.

5. Right to have someone informed

If you are arrested without anyone's knowledge or presence, you have a right to inform someone. The law puts an obligation on the law enforcement agency to inform another person.

6. You cannot be illegally detained –

If you are being detained by the Police and are not produced before the Magistrate within 24 hours, it is illegal. You (you friend / relative) have the right to directly approach the High Court and file the writ of Habeas Corpus.

7. If you are a woman, you cannot be arrested after sundown and before sunrise unless there are extraneous circumstances. If there are, Magistrate's written permission and the presence of a woman police officer is required to make that arrest.

Some other useful important points –

1. After detention, you are the responsibility of the Police. Remember that. If you think that procedure is not followed, be mindful and make mental notes of everything around you. Names and designations of officers, etc.

2. The Police officers cannot do anything they want with you. They are bound by law. Co-operate if it is not going to incriminate you.

3. Do not resist an arrest and try to run. You cannot. If you are being arrested, be mindful and assert your rights. Let them know, you know.

4. If someone you know is detained but you don't know where, you can file an RTI application in the Police station you suspect and they are bound by law to give you information within 48 hours as to the whereabouts of your friend.

5. Sometimes people are arrested on Friday/ Saturday and kept in custody till Monday morning with the claim that Magistrate isn't available. That is not true. A magistrate is available 24*7. Know that.

6. The Police officer cannot force you to make a confession. Confessions made to Police officers are inadmissible in evidence.

7. If you are arrested for a Bailable offence, you can get bail from Police itself. If you are arrested for a Non-bailable offence, only the court can grant you bail. If you get a bail, it doesn't mean the trial is over.

(Bailable offences are less serious offences in which bail is a right. In such cases you must get bail immediately from the police. Non-bailable offences are serious offences where bail is a privilege and only the courts can grant it.)

8. If you anticipate being arrested, you can move the court and take an anticipatory bail.

9. Unlike, what is normally believed, a traffic police officer can also arrest you. He is also a Police officer who has just been given traffic duties.

Thank you for the ATA, Himel Sarkar.

If you found this answer informative, you can follow my blog about Indian laws – Blawgniti.

What rights do I have if I have been arrested by the police in India?

What’s the worst thing about Elon Musk?

What's the worst thing about Elon Musk?

Answer by Nishanth Salinamakki:

It’s true that Elon Musk is seen as nearly perfect (especially in the Quora community). It’s because a very few percentage of people can start one successful company, and he’s founded three (Zip2, SpaceX, PayPal) and been involved in others (Tesla, SolarCity, OpenAI). He’s now leading two companies in two completely different industries that have long-term goals that resemble science fiction. His companies are striving to change the way we live, not consume goods. That kind of success and drive is unprecedented; that’s why Musk is hailed as one of the greatest entrepreneurs and the reason why everyone is obsessed with him. Everyone wants to be like him.

However, no one is perfect, and everyone has a dark side, especially insanely successful men like Elon Musk (often because of the traits that make them successful). Musk’s flaws are highlighted in Ashlee Vance’s comprehensive biography on Musk: Elon Musk: Tesla, SpaceX, and the Quest for a Fantastic Future: Ashlee Vance: 9780062301239: Amazon.com: Books.

Elon Musk is not the best with relationships. He even whispered to his first wife during the wedding, “I am the alpha in this relationship”.

He never took no for an answer, and he rode his employees hard, right out of their minds, and sometimes right out of the company. Mary Beth Brown was a devoted assistant to Musk, who was there from the beginning of SpaceX (when it was viewed as a joke) and worked the same hours he did. However, when she asked for a raise, Musk still questioned her value to the company and after telling her to take two weeks off, decided that SpaceX could operate fine without her.

He is uncompromising and demanding, forcing employees to work long hours (if any other CEO did this, no one would work for him/her but since Musk’s companies’ goals are so exciting and meaningful, everyone agrees to pour their heart and soul into the company’s mission).

He had laser-like focus; if there was something he wanted, he would stop at nothing to get it, often sacrificing other personal aspects of his life and leaving behind casualties.

Although he’s extremely humble in interviews, he doesn’t truly see anyone else on the same level as him, and will assert his superiority to remind others of that. His second wife explained to Ashlee Vance that “Elon doesn't have to listen to anyone in life. No one. He doesn't have to listen to anything that doesn't fit into his worldview. But he proved he would take s**t from me.” That makes it difficult for him to relate to others and develop meaningful relationships. But his immense confidence and inability to conceive of himself failing allowed him to establish three successful companies in the first place.

As you start to realize, many successful people have flaws that are not independent. That is, they aren’t separate from all their good traits (work ethic, focus, confidence). In fact, the flaws originate from the very traits that make them successful. Michael Jordan was a ruthless competitor, which made him so great in high-pressure situations and in the game of basketball. However, his gambling problem and intense leadership style stemmed from this incessant competitiveness. Steve Jobs could be vicious to his employees not because he was simply a mean guy, but because of his immense passion for the company, and he demanded utmost perfection from his employees. Nikola Tesla made outlandish claims that he could never live up to. It wasn’t that he was simply a liar and wanted the publicity; he was an engineering visionary and because of this, his mind constantly wandered to these incredible possibilities and visions he dreamt up and as a result, he never focused on one invention.

The point is, even people who are worshipped and idolized are not perfect and can sometime have even more glaring flaws than ordinary people. Many incredibly successful people have an extremity (whether it be immense confidence or insane work ethic or incessant drive), and often, these extremities cause them other problems in life. But these extremities are what ultimately help them attain that level of success.

Moreover, it’s these flaws that humanize them and give us a unique and renewed perspective of who they are. Although most of their imperfections are the result of extremities many people don’t have, it still inspires confidence and helps young generations realize, “Hey, they’re not perfect. They’re humans, just like me. If they’ve come this far and achieved this much, then why can’t I?”

Sources:

Elon Musk: Tesla, SpaceX, and the Quest for a Fantastic Future: Ashlee Vance: 9780062301239: Amazon.com: Books

Jim Cantrell's answer to How did Elon Musk learn enough about rockets to run SpaceX?

Justine Musk's answer to How can I be as great as Bill Gates, Steve Jobs, Elon Musk or Sir Richard Branson?

What's the worst thing about Elon Musk?