Being arrested by police can be a frightening experience, especially if you are unsure of your legal rights. In Pakistan, interactions with law enforcement can sometimes be unpredictable, but the law provides specific protections to ensure that every citizen is treated with dignity and justice under the Constitution .
Under the Criminal Procedure Code (CrPC) of 1898 and recent legislative reforms, individuals have significant rights during the arrest process, from the moment of detention to their production before a magistrate.
This complete guide outlines the step-by-step actions you must take if you find yourself in police custody, the legal rights you possess, and the remedies available if those rights are violated.
Part 1: Your Rights During Arrest (Knowing the Law)
Before discussing what to do, it is vital to understand your legal protections. Courts have consistently ruled that arrest without due process is illegal.
1. The “24-Hour” Rule
The most critical legal safeguard is that the police cannot detain you for more than 24 hours without producing you before a magistrate. According to Section 61 of the CrPC, if the police fail to present you in court within this window, their detention becomes illegal .
2. Right to Know the Charges
At the time of arrest, the police are legally obligated to inform you in writing of the grounds for your arrest. If they refuse to tell you why you are being held, the arrest may be challenged in court as unlawful .
3. Right to Legal Counsel (Lawyer)
You have the absolute right to consult and be defended by a lawyer of your choice. The police cannot interrogate you without allowing your lawyer to be present. If you cannot afford a lawyer, the state is now required to provide you with legal aid under recent legislation .
4. Protection Against Torture
Confessions made to police officers are not admissible as evidence in court under Article 40 of the Qanun-e-Shahadat Order (Law of Evidence). If you are tortured or forced to sign a confession, the court can dismiss the entire case .
5. Search and Arrest Procedures
- Women: Only female police officers can arrest a woman. She also has the right to refuse to go to the police station after sunset and before sunrise unless the case is serious and authorized by a magistrate .
- Dignity:
The police cannot arrest you in a degrading manner (e.g., handcuffed publicly without a warrant for a non-violent crime).
Part 2: Step-by-Step Guide – What To Do Immediately
If you are being arrested or detained, follow these steps to protect yourself legally and physically.
Step 1: Stay Calm and Do Not Resist
While it is natural to be frightened, physically resisting arrest gives the police an excuse to use force against you under “disobedience” charges. It is better to submit to the arrest but demand your rights verbally.
Do not sign anything immediately. Police may pressure you to sign blank papers or a pre-written confession. You have the right to read the document carefully before signing.
Step 2: Ask for the “Arrest Warrant” or Reason
If the police do not have a warrant (cognizable offense), they can still arrest you, but they must immediately tell you the specific section of law you have violated (e.g., theft, assault, etc.).
- If they have a warrant: Demand to see it. Check if the name and address on the warrant match yours.
- If they don’t: Ask them to state the grounds for the arrest out loud and in front of witnesses if possible .
Step 3: Demand an Immediate Medical Exam
If you feel that force has been used against you, you have the right to request a medical examination by a government doctor.
- This is crucial if you are injured.
- This examination serves as evidence if you later file a case of “police brutality” or “custodial torture.”
Step 4: Insist on a Phone Call
While not explicitly mentioned in the 1898 code, fundamental rights and recent court rulings allow you to inform your family or a friend. You should immediately:
- Call a family member.
- Tell them exactly which police station (PS) you are being taken to.
- Tell them the charges (if known).
Step 5: Ask for a “Warrant of Arrest” or Bail Information
Ask the police officer if the offense you are accused of is bailable or non-bailable.
- Bailable Offense: You have a right to bail. The police officer must release you on bail if you execute a surety bond .
- Non-Bailable Offense: Only a Magistrate can grant you bail. You will need a lawyer to file a bail application immediately.
Part 3: What Your Family Should Do Immediately
If you are arrested, your family is your lifeline. If you are detained, instruct them to follow this checklist:
- Locate you: Find out exactly which police station or jail holds you.
- Hire an Advocate: Criminal law is complex. Your family must hire a lawyer immediately. Delay of even a few hours can result in a “physical remand” (police custody) being granted.
- File a “Missing Person Report” (If illegal arrest): If there are concerns about a “fake arrest” or “abduction by plainclothes officers,” the family should file an application with the District Public Safety Commission or the High Court.
- Gather Witnesses: If the family saw the police use disproportionate force (e.g., breaking doors, beating), they should get witnesses and take photos/videos if possible .
Part 4: The Legal Process – What Happens Next?
After the arrest, the police will bring you to the station. Here is the timeline:
- 24 Hours in Police Custody: The police can only keep you for investigation for 24 hours. During this time, they may try to extract a confession. Do not confess.
- Production in Court (Magistrate): Within 24 hours, you must be brought before a Magistrate.
- Police Remand (Physical Remand): If the police need to recover evidence (e.g., weapons, stolen goods), they will ask the Magistrate for “Physical Remand.” The Magistrate can grant this in small pieces (e.g., 3 days, 5 days).
- Judicial Remand (Jail): If the police do not need you for further questioning, you will be sent to “Judicial Lockup” (Jail) to await trial.
Part 5: What to Do If Your Rights Are Violated
Unfortunately, arrests in Pakistan do not always follow the law. There have been reports of late-night raids, the use of disproportionate force, and denial of access to lawyers . If this happens:
- File a Constitutional Petition: If you feel the arrest is malicious or fake, a lawyer can file a petition for the “recovery of the missing person” or challenge the arrest in the High Court under Article 199 of the Constitution.
- Sue for Malicious Arrest: The Islamabad High Court recently declared that arrests without due process are tantamount to abduction. If you are released, you can sue the state for damages and have the police officer fined (e.g., courts have imposed fines of PKR 100,000 on illegal arrests) .
- Complain to the NCHR: The National Commission for Human Rights (NCHR) investigates custodial torture and illegal arrests .
Part 6: Recent Legal Reforms (What is Changing?)
Recent developments in 2025 and 2026 have strengthened citizen rights:
- Rights of Arrested Persons Bill (2025): Passed by the Senate. It mandates a fine of Rs. 6,000 to 1-year imprisonment for police officers who fail to inform you of your right to remain silent or deny you a lawyer .
- CrPC Reforms (2026): New procedures have been proposed to streamline FIR registration and ensure that only female officers can arrest women .
Conclusion
If the police arrest you in Pakistan, remember “24” (24 hours is the limit), “Lawyer” (your immediate right), and “Magistrate” (your only judge).
Do not panic. Assert your right to silence, ask for a lawyer immediately, and do not allow the police to keep you for longer than 24 hours without seeing a magistrate. Knowing your rights is your first and most important line of defense against any miscarriage of justice.
Disclaimer:
This article is for informational purposes only and does not constitute legal advice. Criminal laws in Pakistan are subject to judicial interpretation. If you or a loved one is arrested, please contact a qualified legal practitioner or a legal aid hotline immediately
