Zambia Rights Guide
Your Rights When Arrested in Zambia
When arrested in Zambia, you have the right to be told why, the right to silence, the right to a lawyer, and the right to be brought before court within 48 hours.
FreeZambian Law3 related guides
Direct Answer
The Constitution of Zambia and the Criminal Procedure Code give every arrested person the right to be informed of the reason for arrest, the right to remain silent, the right to communicate with a lawyer, and the right to be brought before a court within 48 hours of arrest. Holding you beyond 48 hours without charge is unconstitutional.
What the Law Says
Your Legal Foundation
Constitution of Zambia 1991 (as amended)
Article 13
“Every person who is arrested or detained shall be informed promptly of the reasons for the arrest or detention, and shall be permitted to consult a legal practitioner of their choice.”
Criminal Procedure Code Cap 88
Section 33
“Every person arrested without a warrant shall be brought before a court as soon as practicable and in any case within forty-eight hours of arrest.”
Constitution of Zambia 1991 (as amended)
Article 18
“Every person charged with a criminal offence shall be presumed innocent until proven guilty.”
What to Say
Exact Words to Use
“"I am invoking my right to remain silent under Article 13 of the Constitution of Zambia. I will not answer questions without a lawyer present."”
Tone: Calm, firm — say immediately on arrest
“"I have been held for more than 48 hours without being charged. This violates Section 33 of the Criminal Procedure Code and Article 13 of the Constitution. I request to be charged or released immediately."”
Tone: Formal — have a family member or lawyer raise this
Common Questions
Frequently Asked Questions
Can police search me without a warrant in Zambia?
Police may search an arrested person on arrest. Searching a home or property generally requires a warrant. If you believe a search was unlawful, do not physically resist — raise it with your lawyer who can challenge the legality of any evidence obtained.
Police are demanding a bribe for my release — what do I do?
Do not pay. Note the officer's name and station. Report to the Anti-Corruption Commission (ACC) at 0800 990 099 (toll-free) and to the Internal Affairs Directorate of the police. Paying a bribe is itself an offence.
I was arrested but no charges were laid — does this affect my record?
An arrest without subsequent charge should not result in a criminal record. Request written confirmation from the police that you were released without charge. Consult Legal Aid if an arrest appears on your record without a conviction.
My family does not know I have been arrested — can police prevent them from finding out?
No. You have the right to communicate with a family member or legal representative as soon as practicable after arrest. If police are preventing this, your family can apply urgently to court for an order requiring police to produce you (habeas corpus).
Practice Your Rights Out Loud
The Advocate gives you exact rebuttals, law references, and Scripture for real Zambian scenarios. Free to try.
Open The Advocate — FreeNo credit card needed · Know Your Rights. Know Your Word.