Howdy readers, today I am going to tell you the rights of an arrested person in India.
In this article, we will also know the right of under trial accused.
I will also show you what are the rights of an arrested person.
In this article, we will also discuss the rights of the arrested person provided under the Cr.P.C.
Indian law, rules and judicial rulings clarify the rights of an arrested person in India. It is pertinent to mention here that the arrested person is deprived of the freedom to be transferred by the legal authorities in anticipation of the commission of the crime. Therefore, an arrested person is not convicted until his offense is duly proved in the court.
Why the arrest of a person is required?
There are certain circumstances in Indian criminal law under which it becomes important to arrest an accused of a crime, let us know which are the circumstances:-
For Attendance in Trial Proceedings
The trial of an accused is very important as it will help in conviction or acquittal of his crime. Therefore, the presence of the accused at the time of trial is a mandatory requirement of law. The law provides for the arrest of the such accused for securing his presence in trial proceedings.
If the police or any other authority feels that there is a danger of committing a crime by a person, then it becomes necessary as a precaution to arrest such person.
To get the correct name and address
When a person is being interrogated by a police officer and the person refuses to disclose his name and address, there are certain circumstances which are given in Section 42 of the Code of Criminal Procedure (Cr.P.C). This provision calls for arrest if, in the presence of a police officer, a person is accused of committing a cognizable offence or refusing to give his name or address.
Restrain a police officer from performing his duties
Any person who obstructs a police officer from doing his duty can be arrested immediately by the police officer. It is necessary for the effective discharge of the duties of a police officer.
Attempt to Escape Judicial Custody
Under Section 41 (1) (E) of Cr.P.C., any police officer can arrest anyone who has escaped from legal custody or attempted to flee, without a magistrate’s order and without a warrant.
Rights of the arrested Person
So, let’s discuss the rights of the arrested person under Indian criminal law.
Right to inform grounds or reasons for the arrest
An arrested person has right to inform the grounds or reasons for his arrest.
Sections 50 and 50 A of the Cr.P.C provides that it is a legal duty of the police officer to state the grounds and reasons for arresting such person being arrested without delay. Even Article 22 (1) of the Constitution provides protection to the arrested person and states that no person arrested shall be detained without knowing the basis and reason for such arrest.
Timely notice of arrest grounds is mandatory to avoid any mistake or misunderstanding (if any) on the basis of the arrest.
Right to be informed about the right to bail
Under Section 50 (2) of CR.P.C, every police officer who arrests anyone other than the person accused of a non-bailable offense is required to inform the arrested person that he is entitled to release on bail and that he Can arrange for surety.
Right to be presented before a magistrate without delay
The Cr.P.C under Sections 56 and 76 provides that the person arrested shall be produced before a court or court having jurisdiction in the case without delay.
Right not to be in custody for more than 24 hours
In this right, it has been said that the arresting officer is required to present the arrested person before the Magistrate without undue delay and in any case, such delay will not exceed 24 hours. However, the stipulated time of 24 hours does not include the time required to travel from the place of arrest to the magistrate’s court. If this provision is not followed by the arresting officer, the arrest will be considered unlawful
Right to consult with Advocate
Article 22 (1) of the Indian Constitution recognizes the right of an arrested person to be consulted and defended by a lawyer as a fundamental right. This provision states that no person arrested shall be detained until he has been informed of the reasons and grounds of such arrest nor is he empowered to consult a lawyer will be denied
Right to free legal aid
It is not a legally recognized right, although, in the case of Khatri (II) v State of Bihar, the Supreme Court clearly stated that the state is under a constitutional mandate to provide free legal aid to an arrested person in a legal manner. It will provide assistance, it also states that free legal aid will not be given only when the trial starts but also when the accused first appears before the magistrate.
Further, the right to free legal aid cannot be denied to an accused person, even if the accused has not applied for it.
Right of the investigation by a medical practitioner
Section 54 of the Cr.P.C states that when an arrested person requests that the investigation of his body will yield evidence which will eliminate the charge of any crime by him or who by any other person of any crime on his body. If asked to do so, if the magistrate makes such a request, then the doctor will be directed to the examination of the body of such person.
Guidelines of Supreme Court in Basu vs State of West Bengal
In this judgment, the Supreme Court said that the following instructions should be followed by the arresting officer while detaining a person:
Police personnel who carry out arrests and handle arrest inquiries must be precise, visible, and clearly identified and clear of their designations. The details of all such police personnel who inquire regarding arrest should be recorded in a register.
The police officer who made the arrest will prepare an arrest memo at the time of the arrest. The Arrest memo will be signed by at least one witness, who may be either a family member of the arrested person or a respected person in the area. From where the arrest is made. The police officer will also sign it and the time and date of arrest will also be written in it.
A person who has been arrested or detained and is being detained in a police station or interrogation center or other lockups, to a friend or relative or other people who is familiar to him or in his welfare Interested, will be notified.
The location of the arrest and the place of arrest should be notified by the police where the friend or relative of the Arrested person resides outside the district or city through the legal aid organization of the district and the police station of the area concerned.
The person arrested should be made aware of the right that someone is informed of his arrest or detention, as soon as he is arrested or detained.
The place of arrest should be written in a diary, which will also reveal the name of the friend of the person to whom the arrest has been reported and the details of those police officers will also be recorded in that diary.
Arrested person where he pleads, his minor injuries should also be investigated at the time of his arrest, if any are present on his body and should be recorded. “Inspection Memo” should be signed by the Arrested person and the police officer and a copy must be given to the arrested person.
The arrested person should be investigated by a doctor every 48 hours, such a test of the accused should be done by a panel of doctors appointed by the concerned state or union territory.
Such a panel of doctors should be prepared for all tehsils and districts by the Director, Health Services.
Copies of all documents, including the above-mentioned arrest memo, should be sent to the area magistrate for their records.
The Arrest person may be allowed to meet his lawyer during the interrogation.
A police control room should be provided at all district and state headquarters, where information regarding the location of the arrest and the location of the arrest shall be given by the officer within 12 hours of the arrest and the reason for the arrest in the police control room. It should be displayed on a specific notice board.
Friends, I hope you have understood that there are many legal rights available to an arrested person in India, but when a person does not know these rights, then he is unable to take advantage of them and becomes a victim of police authorities.
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