Police Arrest With Warrant

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An arrest is when a person is physically detained by the police. No person can be detained by the police without being informed of the reasons and the basis in law for their arrest.

Generally, the police need a warrant to arrest someone. Crimes for which a warrant is required are called non-cognizable offences. On receiving information of a non-cognizable crime, the police must take permission from the Magistrate to arrest someone. This permission from the Magistrate is known as a warrant.

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Rights of LGBTQ+ Persons While Being Arrested

You are not supposed to be mistreated by police officers while being arrested based on your sexual orientation or your gender identity. So it is helpful to know the 5 rights you have under the law.

Rights While Being Arrested

Upon being arrested, you can ask the police to identify themselves, show the warrant for arrest and call your lawyer. You must verify the accuracy of the memo of arrest, get informed about your eligibility for bail, get examined for major and minor injuries and get a copy of the signed Inspection Memo.

Custodial Harassment of LGBTQ+ Persons by Police

If you are arrested, you will be in the custody of the police at the police station for 24 hours, till they take you to the nearest Magistrate (Court). They can keep you for 15 more days only if they get the permission of the Magistrate.

Arrest Without Warrant

There are certain crimes for which the police can arrest you without a warrant. Such crimes are known in law as cognizable offences. These crimes are usually of serious nature such as rape, murder, assault etc.

Notice Issued by Police

In cases where the police can arrest someone without a warrant but are of the opinion that arrest is not required, they can issue a notice to such person to appear before the police or any place specified in the notice.