By Malik Usman Advocate – Associate, UNN Law
Being arrested—whether expected or not—is a highly stressful experience. Many people don’t know what to do in the moment and end up saying or doing things that can later harm their legal case.
As an Associate at UNN Law, I have seen firsthand how early legal advice and awareness of rights can make all the difference. This guide will help you understand your rights and the correct steps to take if you or someone you know is ever arrested in Pakistan.
1. Stay Calm and Cooperate
Your first response should always be to stay calm and avoid any form of resistance. Even if you believe the arrest is illegal, do not argue or physically resist—it can lead to further charges like obstruction or assault on a public servant.
2. You Have the Right to Remain Silent
Under Article 13 of the Constitution of Pakistan, no one can be forced to incriminate themselves. You have the right to remain silent. Politely state:
“I do not wish to answer any questions without my lawyer present.”
3. You Must Be Informed of the Charges
It is your constitutional right under Article 10 to be informed of the reason for your arrest. The police are required to clearly tell you the grounds on which you are being detained.
4. Do Not Give a Statement Without a Lawyer
Never give a written or verbal statement—no matter how harmless it may seem—without first consulting your lawyer. Anything you say can be used as evidence against you later.
5. Do Not Consent to a Search Without Legal Authority
Unless police have a search warrant or a valid legal reason (like catching you in the act of committing a serious crime), you can refuse consent to any search. If they ask, simply say:
“I do not consent to this search.”
Always stay respectful and never obstruct them physically.
6. Ask for a Medical Exam if Harmed in Custody
If you are mistreated or harmed while in custody, immediately request a medical examination. This can be done through the Magistrate or your lawyer. Medical records are important evidence of any abuse or torture in detention.
7. Contact Your Lawyer or Family
You should be given the opportunity to inform your family or legal counsel of your arrest. The sooner your lawyer is informed, the quicker they can start taking action—such as applying for bail or challenging unlawful detention.
8. Understand Bail and Remand Process
According to Pakistani law, an arrested person must be presented before a Magistrate within 24 hours. Based on the type of offence:
- In bailable offences, bail is typically granted at the police station or by the court.
- In non-bailable offences, your lawyer can apply for pre-arrest or post-arrest bail based on the situation.
Each case requires careful legal evaluation, and early action is critical.
Frequently Asked Questions (FAQs)
Q1: What if I believe the arrest is illegal?
Do not resist. Instead, allow your lawyer to challenge the arrest in court. Resisting can lead to additional charges and complicate your case.
Q2: Can I be detained without being charged?
You must be presented before a magistrate within 24 hours of your arrest. If no charges are filed or no remand is granted, you must be released.
Q3: Can I refuse to answer police questions?
Yes. You are legally allowed to remain silent and should exercise this right until your lawyer is present.
Q4: What if I can’t afford a lawyer?
You may request the court to appoint a state counsel or legal aid if you cannot afford private representation.
Q5: What should my family do if I’m arrested?
They should contact a criminal defense lawyer immediately to initiate legal steps, including bail and court representation.
Q6: Can police search my home without a warrant?
No. Unless it’s an emergency situation (such as preventing a serious crime), police must have a valid search warrant or your consent to enter and search private property.
Conclusion
An arrest doesn’t mean you’re guilty—it simply begins a legal process. Knowing your rights and having the support of an experienced lawyer can make all the difference in how that process unfolds.
At UNN Law, we’re committed to protecting your constitutional rights and ensuring due process. If you or someone you know is facing arrest or detention, don’t face it alone—consult a qualified legal professional immediately.
📞 Contact: Malik Usman Advocate
Associate, UNN Law
📍 [Rawalpindi]
📧 [unnlawassociates@gmail.com]
📱 [92 312 520 1035]