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Hey Indians, How Well Do You Know Your Rights If You Get Arrested?

Any idea when you can meet your lawyer? Or if the police have to inform your family?

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According to official reports, at least 591 people died in police custody in India between 2010 and 2015. NGO Humans Rights Watch presented BuzzFeed with their recently published report on deaths in police custody in India, with the aim of educating people about their basic human rights while under arrest.Test how well you know yours.
Sajjad Hussain / AFP / Getty Images

According to official reports, at least 591 people died in police custody in India between 2010 and 2015. NGO Humans Rights Watch presented BuzzFeed with their recently published report on deaths in police custody in India, with the aim of educating people about their basic human rights while under arrest.

Test how well you know yours.

  1. You are being arrested. What must the police officer do?

    Correct
    Incorrect
    Handcuff you and take you away.
    Correct
    Incorrect
    Show their ID and tell you why you are being arrested.
    Correct
    Incorrect
    Show their ID but do not have to tell you anything.
    Correct
    Incorrect
    Tell you why you are being arrested.
    Correct!
    Wrong!

    Show their ID and tell you why you are being arrested.

    Code of Criminal Procedure, section 41B (a) says police personnel carrying out arrests should bear accurate, visible and clear identification of their name and designation. Section 50 guarantees every arrested person the right to be informed of the grounds of arrest.

  2. Who do the police have to inform about your arrest?

    Correct
    Incorrect
    A relative or friend and tell them where they took you.
    Correct
    Incorrect
    No one until they interrogate you.
    Correct
    Incorrect
    No one until they present you in court.
    Correct
    Incorrect
    Your local politician.
    Correct!
    Wrong!

    A relative or friend and tell them where they took you.

    According to Supreme Court guidelines and Code of Criminal Procedure, section 41B (c), police should immediately inform the arrested person of their right to have someone informed of their arrest and place of detention.

  3. Do you sign anything when you are arrested?

    Correct
    Incorrect
    You don't. Only a relative or friend signs an arrest memo.
    Correct
    Incorrect
    Nobody signs anything.
    Correct
    Incorrect
    You and a relative or friend signs an arrest memo.
    Correct
    Incorrect
    Yes. Your confession.
    Correct!
    Wrong!

    You and a relative or friend signs an arrest memo.

    Police officers carrying out arrests should prepare a memo of arrest stating the time and date of arrest, signed by an independent witness and counter-signed by the person arrested. Code of Criminal Procedure, section 41B (b).

  4. Where can your family find out about your arrest?

    Correct
    Incorrect
    State and district police control rooms.
    Correct
    Incorrect
    Police Facebook page.
    Correct
    Incorrect
    Police Headquarters.
    Correct
    Incorrect
    They have to wait 24 hours.
    Correct!
    Wrong!

    State and district police control rooms.

    According to the Code of Criminal Procedure, section 41CA, all police control rooms at district and state headquarters should prominently display information regarding the names and addresses of the persons arrested and the name and designation of the police officers who made the arrest. The state police headquarters is also required to maintain a database of information regarding all arrests made by the police so that this information is easy accessible to the public.

  5. When can you meet your lawyer?

    Correct
    Incorrect
    Anytime you want.
    Correct
    Incorrect
    During the entire interrogation.
    Correct
    Incorrect
    During interrogation but not the entire time.
    Correct
    Incorrect
    When your case comes up in court.
    Correct!
    Wrong!

    During interrogation but not the entire time.

    The arrested person is entitled to meet a lawyer of their choice during interrogation, though is not entitled to have counsel present throughout the interrogation. Code of Criminal Procedure, section 41D.

  6. If you can't afford a lawyer, what happens?

    Correct
    Incorrect
    You reach out to friends and family.
    Correct
    Incorrect
    You have the right to free legal aid soon after your arrest.
    Correct
    Incorrect
    You post for help on Facebook.
    Correct
    Incorrect
    You can get legal aid but only after police investigation is over.
    Correct!
    Wrong!

    You have the right to free legal aid soon after your arrest.

    The Indian Supreme Court has said that every person arrested has the right to free legal aid from the time of arrest. It is the duty of the police to immediately inform the nearest legal aid committee about an arrested person seeking legal aid.

  7. Can you find out who interrogated you?

    Correct
    Incorrect
    No. Police should hide their names for security reasons.
    Correct
    Incorrect
    Yes, but police can give you false names if the crime is serious.
    Correct
    Incorrect
    No. You are under arrest. You do not have rights.
    Correct
    Incorrect
    Yes. Police should record names of all officials who interrogated you.
    Correct!
    Wrong!

    Yes. Police should record names of all officials who interrogated you.

    The Supreme Court has said details of all police personnel handling interrogation of the arrested persons should be recorded in a register.

  8. How long can police keep you in custody?

    Correct
    Incorrect
    As long as they like.
    Correct
    Incorrect
    Until 24 hours, after which they require permission from a magistrate.
    Correct
    Incorrect
    Until they get a phone call to release you.
    Correct
    Incorrect
    Until your family pays a bribe.
    Correct!
    Wrong!

    Until 24 hours, after which they require permission from a magistrate.

    Police should produce the person under arrest before the appropriate court within 24 hours of the arrest. The police cannot keep a person in custody after 24 hours without the permission of a magistrate. Code of Criminal Procedure, sections 56, 57, 167.

  9. When does the police officer have you examined by a doctor?

    Correct
    Incorrect
    Right after arrest.
    Correct
    Incorrect
    If you are ill.
    Correct
    Incorrect
    Never.
    Correct
    Incorrect
    If you request it.
    Correct!
    Wrong!

    Right after arrest.

    The arrested person should be examined at the time of arrest by a medical doctor and all existing injuries should be recorded in a report. The report must be signed both by the arrested person and the police officer making the arrest and a copy of the report should be provided to the arrested person. Code of Criminal Procedure, section 54.

  10. Can you see a doctor again?

    Correct
    Incorrect
    You were just examined. Why would you go again?
    Correct
    Incorrect
    You have the right to be examined every 48 hours while in police custody.
    Correct
    Incorrect
    If you are sick.
    Correct
    Incorrect
    If you pay money to the police.
    Correct!
    Wrong!

    You have the right to be examined every 48 hours while in police custody.

    The Supreme Court has said that the arrested person should be subjected to a medical examination by a trained doctor every 48 hours approved by state health department.

Read Human Rights Watch's full 114-page report, “‘Bound by Brotherhood’: India’s Failure to End Killings in Police Custody" here.

Andre Borges is a social news reporter for BuzzFeed and is based in Mumbai.

Contact Andre Borges at andre.borges@buzzfeed.com.

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