Understanding Your Rights During Police Interrogation under the Constitution and the Bhartiya Nagarik Suraksha Sanhita, 2023.

Author – Varun Kumar

Co-Author – Nikita Sharma

Police interrogations can be intimidating, regardless of whether one is approached as a suspect, a witness, or merely to assist in an investigation. The experience often involves an atmosphere of pressure that can lead individuals to unknowingly waive or compromise their legal rights. In such situations, a clear understanding of the law is critical.

ortunately, The Constitution and the Bhartiya Nagarik Suraksha Sanhita, 2023, herein after BNSS provide extensive protection and duties of the police, making sure there will be fair process and a check and balance against abuse of power, yet many citizens do not know what protections are available to them when questioned by police authority, otherwise they submit to coercion or the violation of their rights.

The aim of this article is to identify your rights when being questioned by police, with an explanation of legal provisions and recent landmark judgments. It offers basic advice, addresses frequently asked questions, and explains identifiable remedies should your rights be breached. For law students, professionals, or the average citizen, this article intends to give you the knowledge to navigate an encounter with police through a clear understanding of rights.

Why Knowing Your Rights Matters?

Interrogation is an important element in a criminal investigation. The police can question you as part of gathering evidence or verification of facts. Without understanding your rights, you may be unknowingly compelled to confess, sign a statement, or waive statutory protections. The laws of India have set out the acceptable conduct of police authorities. They specify rights against self-incrimination[1]access to legal counsel, and humane treatment. Knowing your rights can protect you and also be a means to reinforce the integrity of the justice system by making authorities more accountable.

Your Rights During Police Interrogation:

1. Right to Remain Silent: Article 20(3) provides that no person accused of an offence shall be forced to be a witness against himself or herself[2]. You are entitled to deny to answer any question during interrogation that could cause you to incriminate yourself. The Constitution protects you from being made to self-incriminating evidence, in essence protecting your right to a fair trial. You can remain silent, and we encourage you to make a notice that you are going to exercise that right and contact a lawyer for their assistance at the police interrogation.

2. Right to Consult Advocate:

Under Article 22(1), you have the right to consult and be defended by a legal practitioner of your choice[3]; it is stated that an arrested individual has the right to meet with a chosen legal practitioner during an interrogation, but not throughout the complete interrogation[4]. You can meet with a lawyer before and during the interrogation, and you can have a legal representative for part of the interrogation. This means you can get legal advice to protect your interests.

3. Right to Be Informed:

Every police officer or other person arresting a person without a warrant must inform the person who is going to be arrested regarding the full details of the offence or other reasons for arrest[5]. This right is designed to allow transparency, giving you an understanding of the grounds for your questioning or detention and allowing you to prepare your defence. If the cop were to fail to disclose this information to you, you may have suffered an infringement of rights and should keep a record of it should you wish to proceed legally.

4. Protection from Torture and Coercion:

Article 21 of the Constitution of India guarantees the right to life and personal liberty, and the courts have extended their of Article 21 to include prevention against torture and coercive interrogation methods[6]. The BNSS Section 182 bars police or a person in authority from offering inducements, threats, or promises concerning the obtaining of information[7], as per Section 22 of the Bhartiya Sakshya Adhiniyam, 2023[8]. This means you cannot be subjected to either physical torture or mental coercion when undergoing interrogation, so that you can make statements freely and voluntarily.

5. Confessions not admissible:

The confession may not be proved against a person of any offence if it was made to a police [9]. This means that any confession under questioning by police cannot be able to be used against you in court. It liberates you from the pressure of being coerced into a confession that could not be used against you in court without a magistrate’s oversight, which is a prerequisite for admitting confessions[10]. While knowing that police confessions are inadmissible may lessen the pressure of police to confess to an offence[11]They can still work on pressuring you to yield information leading to other evidence, so be wary.

6. Right to have your statement accurately recorded:

Any statement made to any police officer while conducting an investigation shall not be signed by the person making it, if it is reduced to writing[12]. Any written statement taken in this manner cannot be used in any inquiry or in any trial other than permitted by this Act. This means that BNSS section 181 prohibits you from being compelled to sign a statement that may not accurately capture your statement[13]. You must have the right to review your recorded statement to make sure it accurately reflects what you said, although you do not sign it.

7. Special Privileges for Women:

The Apex Court in Sheela Barse v. State of Maharashtra[14]case, has made judicial directions that if a woman is to be interrogated as a suspect, this interrogation must only take place with female police officers or constables present. This applies to female suspects and aims to promote their safety and dignity during interrogation, while preventing abusive or bullying behavior by male interrogators. Having female police officers present will also be a safeguard for all female suspects when questioned. If a female officer was not present during your interrogation, you can pursue this issue with your representative lawyer or raise this with a magistrate, as a violation of your rights.

8. Rights for Juveniles:

The Juvenile Justice (Care and Protection of Children) Act, 2015, and the Model Rules, 2016, provide specific safeguards to juveniles (children under 18 years) in India when subjected to police interrogations. Juveniles cannot be forced to confess guilt, and the law clearly states that any declaration must be to prevent coercion[15], eg, if the juvenile is said to confess guilt without a proper voluntary statement, then it would be subject to invalidation. The interrogation must take place in a non-custodial and child-friendly place, such as a Special Juvenile Police Unit (SJPU) or a child-friendly corner in the police station, so as to prevent intimidation and to create an environment where the juvenile can feel at ease conducting the interviews. Parents or guardians may also be present during these interviews to provide emotional support and transparency during the interview process. The juvenile is also not required to sign any statements[16], which further aids both the coercion and the rights of the child to provide witness against themselves[17]. Again, it should take into consideration, polling organizations, the police, including the Child Welfare Police Officers, must show consideration and dignity towards the juvenile by being polite and only asking the sensitive questions that keep up the morale of the juvenile and refrain unease[18]. In any police investigation, it is important that any juveniles and also other subjects should be treated with dignity while maintaining a sense of respect, caution. while interrogating, authorities should make sure the interviewed parties feel safe before, during, and after the interrogation process.

9. Rights for Persons with Disabilities:

Persons with temporary or permanent mental or physical disabilities are granted specific protections during police interrogation under the BNSS to ensure accessibility and fairness. BNSS Section 173(1) provides for the police to take accounts from disabled persons reporting criminal offences, including sexual offences under the Bhartiya Nyaya Sanhita, 2023, at home, or at a suitable alternative location; using interpreters or special educators as the case may be[19]. The police account taking must be videotaped.  BNSS Section 179(1) highlights that persons with mental or physical disabilities do not have to attend a police station for questioning, and do not have to, unless they want to, participate in an interrogation or interview at the police station[20], therefore diminishing the physical and emotional toll. Where statements by a magistrate are taken from a disabled person, BNSS Section 183(6) requests an interpreter or special educator, the process of video graphed, with the statements being examination in chief[21], therefore, avoiding the need to have to re-record what has been deemed examination in-chief in any potential trial, and therefore promotes fair process. Further, BNSS Section 54 states that if a disabled person is involved in an identification process the identification must take place under a magistrate[22], it should be done in a manner that the disabled person feels comfortable, and it must be audiovisual recorded, preserving dignity and rights throughout the identification process.

CAUTION: All rights above may never be waived. If they have been violated, you may have the option to pursue a remedy, which we will discuss in detail below.

Important Rights and Apex Court Decisions:

Indian courts have reaffirmed your rights during interrogation in a series of landmark legal decisions.

1. DK Basu v. State of West Bengal[23] : The Supreme Court set out 11 safeguards for arrest and detention. They included informing you of the reasons for the arrest, allowing you access to a lawyer, and forbidding torture in custody. If any of these guidelines were violated, the police or other law enforcement authorities are subject to contempt of court.

2. Nandini Satpathy v. PL Dani[24]: In this case, the Supreme Court held that if police were to compel a suspect to answer self-incriminating questions, this would violate the terms of Article 20(3)[25].

3. Selvi v. State of Karnataka[26] : The Apex Court prohibited involuntary narco-analysis, which are drug tests, as well as polygraph examinations or tests, and brain mapping, citing Article 20(3)[27] and 21[28] of the Constitution of India. The order held that narco-analysis or other techniques must involve your voluntary input and that to conduct such tests, the police or investigator must obtain approval from a Magistrate.

Helpful Practical Suggestions for dealing with interrogations.

• Stay Calm and Polite: Avoid confrontation, but assert your rights firmly.
• Ask for Identification: Politely ask the police official to provide their name, badge ID, and the name of their police station.
• Politely ask for a Lawyer: Ask them to let him meet and talk to his lawyer before questions.
• Remain Silent: Do not answer questions that might make you in trouble.
• Review Statements: Don’t sign if you are requested to sign a statement because it was inaccurate or under duress.
• Document Everything: Document the time, location, and behavior of the interrogation so you can lodge a complaint in the future.

Do’s and Don’ts:

If law enforcement violates your rights, you have options:

• File a complaint. File a complaint before a magistrate in accordance with Section 223 of the BNSS, bringing evidence such as witness statements or medical forms to show misconduct[29].
• File for Habeas Corpus:  If you have been unlawfully detained, you can file a writ petition for your release under Article 226[30] (High Court) or Article 32[31] (Supreme Court).
• Lodge a complaint with the Human Rights Commission: The National or State Human Rights Commission has the authority to inquire into custodial torture or abuse.
• Claim Damages: The BNSS, Section 358, provides for damages for wrongful arrest or detention[32].

Frequently Asked Questions (FAQs)

Q.1 Can police force me to admit guilt? 

No. Article 20(3) protects against self-incrimination[33] under coercion and coerced confessions are inadmissible[34].

Q.2 What if I am denied contact with a lawyer?

This is a violation of Article 22(1) and BNSS Section 38, and you should complain to a magistrate.

Q.3 Can police interrogate me at night?

Yes, but for women arrests at night are contingent on magistrate approval[35], BNSS Section 51(2). It is also limited by rules laid down by judicial pronouncements (Sheela Barse case[36]).

Q.4 What if I was tortured in interrogation?

Documenting evidence (injuries, etc) and complain to the magistrate or NHRC. The court may award you compensation[37].

Q.5 Are my statements to the police admissible in court?

No, Statements do not have value in law unless recorded before the magistrate as per Section 183 of the BNSS. Those statements made to police are not considered evidence as per Section 180.

Q.6 How does BNSS protect against custodial torture?

Section 176 of BNSS mandates that any investigation into custodial torture must be carried out with video recording to ensure transparency and accountability[38].

Q.7 What if I am wrongly accused?

Contact a lawyer immediately and seek anticipatory bail[39] or challenge the charges in court.

Conclusion:

It is important to know your rights during a police interrogation. The Indian Constitution and BNSS provide explicit protections from coercive treatment. By knowing your rights and standing up for those rights as well as seeking remedies for violations, you’ll feel more confident throughout the investigative process. If you are uncertain, consult a lawyer or other qualified party, and send this information to your friends and family so that they may also know their rights.

Author Bio – Varun Kumar: 
Varun Kumar is a 3rd Year B.Sc LL.B student at JECRC University, with a focus on constitutional and criminal law. He has presented his research paper at GNLU and actively participated in the moots.

Author Bio – Nikita Sharma:  
Nikita Sharma is a 3rd-year BA. LL.B. student at JECRC University, specializing in legal research and human rights. She has done many Competitions like Moot Court, Judgment Writing Competitions, etc.

[1] Constitution of India, art 20(3)

[2] Constitution of India, art 20(3)

[3] Constitution of India, art 22(1).

[4] Bhartiya Nagarik Suraksha Sanhita 2023, s 38.

[5] Bhartiya Nagarik Suraksha Sanhita 2023, s 47.

[6] Constitution of India, art 21.

[7] Bhartiya Nagarik Suraksha Sanhita 2023, s 182.

[8] Bhartiya Sakshya Adhiniyam 2023, s 22.

[9] Bhartiya Sakshya Adhiniyam 2023, s 23.

[10] Bhartiya Nagarik Suraksha Sanhita 2023, s 183.

[11] Bhartiya Sakshya Adhiniyam 2023, s 22.

[12] Bhartiya Nagarik Suraksha Sanhita 2023, s 181.

[13] Bhartiya Nagarik Suraksha Sanhita 2023, s 181.

[14] Sheela Barse v State of Maharashtra [1983] 2 SCC 96.

[15] Juvenile Justice (Care and Protection of Children) Model Rules 2016, r 8(3)(v).

[16] Juvenile Justice (Care and Protection of Children) Model Rules 2016, r 86(5).

[17] Constitution of India, art 20(3).

[18] Juvenile Justice (Care and Protection of Children) Model Rules 2016, r 86(6).

[19] Bhartiya Nagarik Suraksha Sanhita 2023, s 173(1).

[20] Bhartiya Nagarik Suraksha Sanhita 2023, s 179(1).

[21] Bhartiya Nagarik Suraksha Sanhita 2023, s 183(6).

[22] Bhartiya Nagarik Suraksha Sanhita 2023, s 54.

[23] DK Basu v State of West Bengal [1997] 1 SCC 416

[24] Nandini Satpathy v PL Dani [1978] 2 SCC 424

[25] Constitution of India, art 20(3).

[26] Selvi v State of Karnataka [2010] 7 SCC 263

[27] Constitution of India, art 20(3).

[28] Constitution of India, art 21.

[29] Bhartiya Nagarik Suraksha Sanhita 2023, s 223.

[30] Constitution of India, art 226.

[31] Constitution of India, art 32.

[32] Bhartiya Nagarik Suraksha Sanhita 2023, s 358.

[33] Constitution of India, art 20(3).

[34] Bhartiya Sakshya Adhiniyam 2023, s 22.

[35] Bhartiya Nagarik Suraksha Sanhita 2023, s 51(2).

[36] Sheela Barse v State of Maharashtra [1983] 2 SCC 96.

[37]Bhartiya Nagarik Suraksha Sanhita 2023, s 358.

[38] Bhartiya Nagarik Suraksha Sanhita 2023, s 176.

[39] Bhartiya Nagarik Suraksha Sanhita 2023, s 438.