Arrest vs. Custody: Understanding the Rights of an Accused under Indian Criminal Law

Arrest and custody are closely related concepts in criminal law, but they are not identical. This blog explains the distinction between arrest, police custody and judicial custody under India's criminal procedure framework, including the Bharatiya Nagarik Suraksha Sanhita, 2023. It outlines key safeguards available to an arrested person, including the right to know the grounds of arrest, the protection of personal liberty, access to legal assistance and procedural oversight by a Magistrate. The discussion highlights why arrest should not be treated as an automatic consequence of an allegation and why detention must comply with legal requirements. By explaining these principles in accessible language, the blog aims to help readers understand the rights of an accused and the safeguards intended to prevent arbitrary deprivation of liberty.