If the police call you for questioning or interrogate you after arrest, you have the constitutional right to remain silent and cannot be forced to say anything that may be used against you. Under Article 20(3) of the Constitution, no person accused of an offence can be compelled to be a witness against themselves. Additionally, any confession made to a police officer is not admissible as evidence in court under Section 25 of the Indian Evidence Act (now Section 22 of the Bharatiya Sakshya Adhiniyam, 2023).
Why this matters
Police interrogation can be an intimidating experience, especially if you do not know your rights. Every year, reports from the National Human Rights Commission (NHRC) document cases of custodial violence, coerced confessions, and abuse of power during questioning. Many people sign statements they do not understand or make admissions under pressure that later damage their case in court. Understanding your rights during interrogation is not about hiding the truth — it is about ensuring you are treated fairly and lawfully, as the Constitution demands.
Your rights during police questioning
1. Right to remain silent
You have a fundamental right to remain silent during police interrogation. Article 20(3) of the Constitution states: "No person accused of any offence shall be compelled to be a witness against himself." This means:
- You do not have to answer every question the police ask
- You cannot be punished for exercising your right to silence
- You can politely state: "I wish to exercise my right to remain silent under Article 20(3)"
In practice: While you are not required to answer self-incriminating questions, you should provide your basic identification details (name, address) when asked. Being cooperative on non-incriminating matters while protecting your rights is the safest approach.
2. Right to a lawyer during interrogation
You have the right to consult a lawyer before and during interrogation. Under Article 22(1) of the Constitution, every arrested person has the right to consult and be defended by a legal practitioner of their choice. Section 36(d) of the BNSS (earlier Section 41D CrPC) specifically states that the arrested person is entitled to meet an advocate of their choice during interrogation.
In practice: The moment you are taken to the police station, ask to call your lawyer. If you cannot afford one, ask for free legal aid — NALSA helpline 15100 operates across India. Do not answer any substantive questions until your lawyer arrives.
Important: The Supreme Court in D.K. Basu v. State of West Bengal (1997) laid down that the right to consult a lawyer during interrogation is a non-derogable right. The police cannot deny you this right under any circumstances.
3. Right against torture and ill-treatment
The police cannot use physical force, threats, or any form of torture during interrogation. Section 182 of the BNSS (earlier Section 163 CrPC) explicitly prohibits inducement, threat, or promise during questioning. Any statement obtained through torture is inadmissible in court.
- No beating, slapping, or physical violence
- No threats against you or your family
- No deprivation of food, water, sleep, or medical care
- No psychological pressure like false threats of long imprisonment
In practice: If you are subjected to any form of violence, note the date, time, and names of the officers involved. Request an immediate medical examination. File a complaint with the NHRC (nhrc.nic.in or call 14433) and the Magistrate at the earliest opportunity.
4. Confessions to police are not admissible in court
This is one of the most important protections in Indian law. Under Section 22 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 (earlier Section 25 of the Indian Evidence Act), a confession made to a police officer is not admissible as evidence against you in any court proceeding. This means:
- Even if the police claim you "confessed," it cannot be used to convict you
- Only a confession made before a Judicial Magistrate under Section 183 BNSS (earlier Section 164 CrPC) is admissible, and even then, the Magistrate must ensure it is made voluntarily
In practice: If the police ask you to sign a "confession" or a written statement, you have the right to refuse. Never sign any document without reading it carefully and consulting your lawyer.
5. Right to have statements recorded accurately
If you choose to make a statement, the police must record it accurately. Under Section 180 of the BNSS (earlier Section 161 CrPC), the police may examine any person who is acquainted with the facts of the case. However:
- Your statement must be recorded in writing by the police
- You are not required to sign the statement recorded under Section 180 BNSS (the police statement is not signed by the witness — this is a safeguard)
- The statement cannot be used as evidence in court during trial — it can only be used for contradictions during cross-examination
6. Right against narcoanalysis, brain mapping, and lie detector tests
The Supreme Court in Selvi v. State of Karnataka (2010) held that involuntary administration of narcoanalysis, brain mapping (BEAP), and polygraph (lie detector) tests violates Article 20(3) and Article 21 of the Constitution. The police cannot force you to undergo any of these tests without your written, informed consent.
What if things go wrong
If the police use force or torture
- Request an immediate medical examination at a government hospital — ask for a medico-legal certificate (MLC)
- File a complaint with the National Human Rights Commission (NHRC): nhrc.nic.in or call 14433
- File a complaint with the Superintendent of Police (SP) of the district
- Your lawyer can file a habeas corpus petition in the High Court if you are being illegally detained
If you are forced to sign a document
- Write "signed under duress" next to your signature if possible
- Immediately inform your lawyer
- Tell the Magistrate when produced in court that the document was signed under coercion
- The burden to prove that a confession was voluntary falls on the prosecution, not on you
If police deny you access to a lawyer
This is a violation of your fundamental right. Your family can file a habeas corpus petition in the High Court. They can also approach the District Legal Services Authority for immediate free legal representation.
Documents and resources you need
- NALSA helpline: 15100 (free legal aid, available across India)
- NHRC complaint: nhrc.nic.in or call 14433
- Police helpline: 112 (emergency)
- District Legal Services Authority: nalsa.gov.in/lsa (find your district's office)
- Lawyer contact: Keep at least one lawyer's number saved on your phone and shared with family
Common myths
Myth: You must answer every question the police ask. Reality: You have the constitutional right to remain silent under Article 20(3). You cannot be compelled to incriminate yourself. You only need to provide basic identification details.
Myth: If you remain silent, it means you are guilty. Reality: Exercising your right to silence is a fundamental right, not an admission of guilt. Courts cannot draw an adverse inference merely because you chose not to answer police questions.
Myth: A confession to the police will get you a lighter sentence. Reality: A confession made to a police officer is legally worthless — it is not admissible in court under Section 22 BSA. Only a confession before a Magistrate (recorded under Section 183 BNSS with proper safeguards) has legal value.
Myth: The police can keep questioning you for as long as they want. Reality: There are limits. You must be produced before a Magistrate within 24 hours of arrest. The Magistrate decides whether further detention (police custody or judicial custody) is warranted. Even in police custody, your lawyer has the right to meet you.
The law behind this
| Right | Old Law (CrPC/Evidence Act) | New Law (BNSS/BSA) | Constitutional Basis |
|---|---|---|---|
| Right to silence | Article 20(3) | Article 20(3) | Fundamental Right |
| Lawyer during interrogation | Section 41D CrPC | Section 36(d) BNSS | Article 22(1) |
| Police cannot torture | Section 163 CrPC | Section 182 BNSS | Article 21 |
| Confession to police inadmissible | Section 25, Indian Evidence Act | Section 22, BSA | — |
| Voluntary confession before Magistrate | Section 164 CrPC | Section 183 BNSS | — |
| No forced narcoanalysis/lie detector | Selvi v. State of Karnataka (2010) | Continues to apply | Article 20(3), 21 |
| Medical exam during custody | Section 54 CrPC | Section 51 BNSS | D.K. Basu guidelines |
Frequently asked questions
Can the police question me at my home or office? Yes, the police can question you anywhere during the course of investigation. However, you have the same rights regardless of location — right to silence, right to a lawyer, and right against self-incrimination. If you are not under arrest, you can refuse to go to the police station unless formally summoned under Section 180 BNSS.
Can I record the police interrogation on my phone? There is no explicit law prohibiting you from recording police interactions. However, the police may object. A safer approach is to have your lawyer present during interrogation who can document any irregularities.
What is the difference between interrogation and examination? Interrogation typically refers to questioning a suspect or accused person, while examination under Section 180 BNSS covers questioning of any witness. In both cases, the same protections apply — no coercion, no forced confessions, and the right to remain silent on self-incriminating questions.
Can a juvenile (person under 18) be interrogated by police? Yes, but with additional safeguards under the Juvenile Justice (Care and Protection of Children) Act, 2015. A child in conflict with the law must be questioned in the presence of their parent or guardian and a social worker. They cannot be detained in a police lock-up — they must be sent to an Observation Home.
What happens to statements I make to the police? Statements under Section 180 BNSS are recorded by the police but cannot be used as substantive evidence in court. They can only be used to contradict you during cross-examination if you later give different testimony. This is a safeguard against fabrication by the police.