Rights of an Accused During Police Custody and Interrogation in Odisha
An accused in police custody in Odisha has the constitutional right to silence, the right to consult a lawyer, the right to be produced before a magistrate within 24 hours, and the right to a medical examination. The Supreme Court's D.K. Basu guidelines make it a punishable offence for police to torture or illegally detain a suspect.
By Advocate Debarchana Samal · 30 July 2026 · 7 min read
Why Custodial Rights Matter
Police custody is one of the most vulnerable moments for any citizen. In Odisha, as across India, the law provides a strong set of safeguards to prevent abuse of power during interrogation and detention. These rights flow from Articles 20, 21, and 22 of the Constitution, the Code of Criminal Procedure (now largely re-enacted as the Bharatiya Nagarik Suraksha Sanhita, BNSS), and landmark Supreme Court rulings such as D.K. Basu v. State of West Bengal. Knowing these rights — and having a lawyer enforce them promptly — can make the difference between a fair investigation and custodial abuse.
Your Core Rights in Police Custody
The D.K. Basu Guidelines Every Odisha Police Station Must Follow
In D.K. Basu v. State of West Bengal, the Supreme Court laid down mandatory procedural safeguards for arrest and detention that apply to every police station in Odisha. These include: the arresting officer must wear a visible name tag; a memo of arrest must be prepared and attested by a witness; the arrestee is entitled to have a relative or friend informed; the time, place of arrest, and venue of custody must be notified to the nearest Legal Aid Organisation within 8 to 12 hours; and the arrestee must undergo a medical examination at the time of arrest, noting any injuries. Wilful violation of these guidelines can result in departmental action and contempt of court proceedings against the erring officer.
What to Do If Your Rights Are Violated
Ask for a medical examination immediately
If you are assaulted, threatened, or coerced in custody, insist on a medical examination and ensure the injuries are documented in the medical report.
Inform your lawyer and family without delay
Exercise your right to inform a relative or friend, and get in touch with a criminal lawyer who can visit you and monitor the legality of your detention.
File a written complaint
A written complaint can be filed with the Superintendent of Police, the jurisdictional magistrate, or the Odisha Human Rights Commission regarding custodial misconduct.
Move the Odisha High Court for habeas corpus
If detention is illegal or prolonged beyond 24 hours without magisterial authorisation, a habeas corpus petition can be filed before the Odisha High Court seeking your immediate release.
Claim compensation for custodial violence
The Supreme Court has recognised the right to compensation for illegal detention or custodial torture as part of the right to life under Article 21. A lawyer can help pursue this remedy.
Critical warning: Never sign a statement or document presented by the police without reading it and consulting your lawyer. Confessions made to police officers are not admissible as evidence under Section 25 of the Evidence Act, but statements can still be misused if you are not careful. Insist on your right to a lawyer before answering any questions.
Frequently Asked Questions
Can the police interrogate me without informing my family?
No. As per the D.K. Basu guidelines upheld by the Supreme Court and codified in the CrPC/BNSS, the police must inform a friend or relative of your arrest and the place of detention. This information must be entered in a register at the police station. Failure to do so is a violation of your fundamental rights and can be challenged before the Odisha High Court.
How long can the police keep me in custody without producing me before a magistrate?
The police cannot detain you for more than 24 hours (excluding travel time) without producing you before the nearest magistrate. This is a constitutional safeguard under Article 22(2). Any detention beyond 24 hours without judicial authorisation is illegal and can be challenged through a habeas corpus petition before the Odisha High Court.
Do I have a right to a lawyer during police interrogation in Odisha?
Yes. You have the right to consult a lawyer of your choice at every stage of the investigation, including during interrogation. While a lawyer may not always be permitted to sit inside the interrogation room throughout, you have the right to meet your lawyer periodically and be represented at remand hearings. If you cannot afford a lawyer, free legal aid is available under Section 304 CrPC / the corresponding BNSS provision.
What should I do if I am tortured or assaulted in police custody?
Immediately request a medical examination — this is your legal right. Document any injuries, inform your lawyer and family, and file a written complaint with the Superintendent of Police, the Odisha Human Rights Commission, or the jurisdictional magistrate. A criminal lawyer can also move the Odisha High Court for a writ of habeas corpus or compensation for custodial violence.
Can my silence during interrogation be used against me in court?
No. Article 20(3) of the Constitution protects you from being compelled to be a witness against yourself. You cannot be forced to answer questions that may incriminate you, and your silence alone cannot be treated as an admission of guilt. However, exercising this right wisely requires legal guidance, which is why having a lawyer involved from the earliest stage is critical.
Facing Police Custody or Interrogation in Cuttack or Odisha?
Advocate Debarchana Samal, Cuttack, Odisha, protects the rights of the accused during arrest, custody, and interrogation, and moves swiftly for bail and habeas corpus relief before the Odisha High Court. Contact us immediately for a confidential consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
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