What to Do If You're Arrested in Jaipur: Legal Rights & Procedures

Being arrested is a scary and confusing experience, especially when you are unaware of your legal rights. Either due to misunderstanding, false complaint, or genuine issue, knowing clearly what to do next can be a great relief. In this blog, we will inform you in a step-by-step manner what happens when you are arrested in Jaipur, what are your legal rights, and what are the processes the police must undertake. This article is helpful for residents of Jaipur as well as travelers who may get into legal issues. We also provide advocate service in other city like best criminal lawyers in aklera.

1. Learn What an Arrest Is

An arrest means the police are taking you into custody officially because they think you are connected with a crime. You are not a criminal because you have been arrested. The police can interrogate you at the time of arrest, but you also have rights to protect yourself.

2. When Can Police Arrest You?

• The Jaipur (and Indian) police can arrest you:
• If they have a warrant issued by a magistrate.
• If they catch you doing a crime.
• If they have reasons to believe you are involved in a grave offense (theft, assault, fraud, etc.).
• If another person brings a complaint against you to the police and shows sufficient evidence.

But the police will have a proper reason, especially in the case of non-cognizable offences (minor offenses), where they usually need permission from the magistrate.

3. What to Do Immediately After Arrest

a) Stay calm
Don't get mad or resist arrest. Things may go from bad to worse for you.
Cooperate but know your rights.

b) Ask for Identification
You can ask the police officer to identify themselves by saying their name, badge number, and station name. They must show you their identification.

c) Ask for the Reason for the Arrest
Police have a legal obligation to explain in simple terms why they are arresting you. They must inform you of the charge.

d) Tell Someone You Trust
You are entitled to notify your family member, friend, or attorney. Police will help you call.

4. Know Your Legal Rights

Below are your significant rights on arrest in Jaipur:

a) Right to Remain Silent
You do not have to answer all the police questions. You can remain silent or say, "I want to speak to my lawyer."

b) Right to a Lawyer
You have a right to consult with a lawyer immediately. If you don't have money to hire a lawyer, the court will provide you with a legal aid lawyer free of cost.

c) Right to Be Produced Before a Magistrate
The police are required to produce you before the magistrate within 24 hours of the arrest. This does not count the traveling time.

d) Right to Medical Assistance
If you are injured or sick, you have a right to receive medical treatment. The police must organize it.

e) Right to Legal Aid
You are entitled to free legal aid, as per Article 39A of the Constitution, if you cannot afford to employ a private lawyer.

5. What happens at the Police Station

• When you are brought to the police station:
• Your information and case facts will be recorded.
• Police can take your belongings temporarily (like mobile, wallet).
• If the crime is bailable, you may be let out on bail right away.
• If it's non-bailable, your attorney will have to file for bail in court.

Police cannot torture or ill-treat you. If they do, your attorney can complain about this to the magistrate.

6. The Role of FIR (First Information Report)

• An FIR is the official document that starts a police investigation. If you’re arrested based on an FIR:
• Ask for a copy of the FIR.
• Read it carefully or have your lawyer review it.
• Ensure it is not false or based on wrong facts.

If the FIR is fictitious or misleading, your lawyer can help file for quashing of FIR in the High Court.

7. Bail: Getting Out of Jail Temporarily

If you've been arrested for a bailable offence (like petty theft, public nuisance):

• You are entitled to bail.
• Your lawyer can go to the police station itself or to court.
• You may need a surety (someone who promises to pay if you run away).
• For non-bailable offences (like murder, rape, serious fraud):
• The judge decides whether or not to grant bail.

Your attorney will need to present sound reasons to prove that you should not stay in jail.

8. If You're a Foreigner in Jaipur

• If you are a foreign expat or tourist and get arrested in Jaipur:
• Call your country's consulate or embassy at once.
• They can provide legal assistance, translation, and consular assistance.
• Have your visa documents and passport handy.

9. Do's and Don't's that matter
     Do:

• Seek legal assistance immediately.
• Tell your family or a respected person.
• Show respect to the police, but not at the cost of rights.

     Don't:

• Don't sign anything unread or unsigned.
• Get into fights or arguments.
• Try to bribe or intimidate anyone.

10. How Your Local Advocate in Jaipur Can Assist

      Your Jaipur criminal lawyer can:

• Quickly obtain bail.
• Make you appear for court hearings.
• Fight false FIRs or police harassment.
• Take you step by step through it.

It would be better to go to a lawyer who has experience in courts in Jaipur and is aware of the local police procedures and laws.