2015 Code
Rights at arrest
The Criminal Procedure Code states a warrant-first rule and specifies information and notice that police must provide when making an arrest.
Short answer
Unless another law expressly allows otherwise, arrest or detention requires a court warrant. At arrest, police must state the alleged offence in a language the person understands, state the right to be brought before a court within 48 hours, state the right to counsel, and make a reasonable effort to notify a relative without delay.
- 1
A court warrant is the default
The Code says no person may be detained or arrested without a court warrant unless law expressly provides otherwise.
- 2
Police state the alleged offence
The arrested person must be informed immediately, in a language the person understands, of the offence for which the arrest is being made.
- 3
Police state two procedural rights
The same provision requires notice of the right to be brought before a Court within 48 hours and the right to counsel.
- 4
A relative is notified
The arresting officer must make a reasonable effort, without delay, to inform a relative of the arrest.
Read with these limits
- Article 32 lists circumstances in which a police officer may arrest without a warrant.
- Article 37 allows police-station release before the initial hearing for specified lower-level offences, subject to the stated conditions.
- This page describes the 2015 text. It does not verify how these provisions are currently applied in practice.