Being arrested can be a distressing experience, but it is important to know that you have legal rights under Pakistani law. Law enforcement officers are required to follow due process, and any violation of your rights can be challenged in court.
This article outlines the key rights of an arrested person and what you should do if you or someone you know is detained.
📌 1. Right to Know the Reason for Arrest
Under Article 10(1) of the Constitution of Pakistan, every person has the right to be informed of the reason for their arrest. If you are detained, the police must:
✔️ Clearly state the reason for your arrest
✔️ Inform you of the charges against you
✔️ Mention the relevant law under which you are being arrested
If the police fail to do so, you can challenge your detention in court.
📌 2. Right to Legal Representation
You have the fundamental right to consult a lawyer of your choice. Under Article 10(1) of the Constitution, no one can be denied legal representation. Upon arrest, you should:
✔️ Request to contact a lawyer immediately
✔️ Avoid answering questions without legal counsel
✔️ Refuse to sign any statements or documents without consulting a lawyer
If the police deny you access to a lawyer, this is a violation of your constitutional rights.
📌 3. Right to be Presented Before a Magistrate Within 24 Hours
Under Article 10(2) of the Constitution, the police must present you before a magistrate within 24 hours of your arrest. The magistrate will:
✔️ Examine whether the arrest was lawful
✔️ Decide if you should be released on bail or kept in custody
✔️ Ensure that your legal rights are upheld
Failure to present you before a magistrate within 24 hours can be challenged through a habeas corpus petition.
📌 4. Right to Bail (in Bailable Offenses)
Criminal offenses in Pakistan are categorized as:
✔️ Bailable Offenses – The accused has the right to bail (e.g., minor theft, defamation).
✔️ Non-Bailable Offenses – Bail is granted at the court’s discretion (e.g., murder, terrorism).
If you are arrested for a bailable offense, you can apply for bail immediately. For non-bailable offenses, your lawyer can file a bail application before the relevant court.
📌 5. Protection Against Torture & Forced Confessions
Under Article 14 of the Constitution and Section 156(d) of the Police Order 2002, torture and coercion are strictly prohibited. This means that:
❌ The police cannot force you to confess
❌ You cannot be subjected to physical or mental torture
❌ Any confession obtained through coercion is inadmissible in court
If you experience police abuse, your lawyer can file a complaint against the responsible officers.
📌 6. Right to Contact a Family Member
You have the right to inform a family member or friend about your arrest. The police must allow you to make a phone call to notify someone of your situation.
If the police refuse, this can be challenged legally.
📌 7. Right to Remain Silent
You are not obligated to answer police questions without a lawyer present. Any statement you make can be used against you in court, so it is advisable to:
✔️ Politely refuse to answer without legal counsel
✔️ Avoid signing any documents under pressure
✔️ Wait until your lawyer arrives before making any statement
📌 What to Do If Your Rights Are Violated?
If the police violate your rights, you can take the following steps:
✔️ File a habeas corpus petition in court for unlawful detention
✔️ Report the matter to a magistrate or human rights organizations
✔️ Seek legal assistance immediately
📌 Need Legal Assistance?
If you or a loved one has been arrested, it is crucial to act quickly. Seeking professional legal guidance can help you:
✔️ Understand your rights and legal options
✔️ File for bail and challenge illegal detention
✔️ Ensure fair treatment in legal proceedings
At HSJ Legal, we provide expert legal support to protect your rights. Contact us today for immediate assistance.
📞 0300-9221080
