RIGHT OF ARRESTED PERSON UNDER CrPC BY MONISHA ACHARYA @LEXCLIQ

  1. INNOCENT UNTILL PROVEN GUILTY “
    It states that any accused until he is proven guilty is not a criminal and he will be consider as innocent till trials are going on against him so , after that charges are proved against him during the trial period and if he is found guilty he is punished and if not he is set free from the charges.
    SO, we can say that every person in our country have rights and arrested person too have his own rights.
    And code of criminal procedure, our Indian constitution provide certain rights to the arrested person which no one can take away from them.

    Article 21 of the INDIAN CONSTITUTION Provides that ‘no person shall be deprived of his right to life and personal liberty, except the procedure of law’.
    Which means there should be fair procedure and no oppressive way should be there, everyone should get equal treatment.

CODE OF CRIMINAL PROCEDURE PROVIDE WITH DIFFERENT RIGHTS TO THE ARRESTED PERSON that are mentioned below-

RIGHT TO KNOW GROUNDS OF ARREST U/S 50 (1) –If  person is arrested by the police then he have full right to know his ground for arrest section 50 and 70 of CrPc governs this right. The accused person should now about for what offence he is being arrested and what are the charges made against him. The officer in duty should give him all the information about conducting the arrest.

IN CASE ANY SUBORDINATE OFFICER MADE THE ARREST U/S 55 OF CrPc then – before arresting the accused the officer have to show the order to the arrested person – in which it should be mentioned that his senior officer have designated him for doing this. In case if subordinate officer do not show the order then arrest will be held as illegal.
And if arrest is done after issuing the warrant then U/s 75 of CrPC also, officer need to tell the ground of arrest.
The Police Officer executing the warrant without any unnecessary delay within 24 hours have to produce the arrested person before the court is also mentioned U/S 76 of CrPc.

RIGHT TO KEEP SILENCE
It is not recognised  right , but this right is derived from CrPc and Evidence Act, while taking the accused person to the police station , police do ask variant question to the accused and it is his wish whether to answer it or not . No one can compel or force him to make any type of statement. Whenever the accused person give any type of confession or statement in court it is cross checked by the court if he is saying it without any pressure or not.
RIGHT AGAINST SELF –INCRIMINATION –
If any person is silent it does not mean that the person is a culprit. Any accused cannot be forced to give the statement against himself and to become witness against himself , Hence the right to incrimination which is provided under section 161 (2) of CrPc and Article 20 (3) of the Indian Constitution .

RIGHT TO BE RELEASED ON BAIL- SECTION 50 (2) OF CrPc
In case if the person arrested in a Billable offence, then police have to inform him about it and can say him if he want to file for bail then he can. And In non- billable offence, in later case he can file for bail.

RIGHT TO LEGAL AID –
If in case it is seen that accused have no sufficient way to bring the representation for himself then court might appoint the pleader for his defense at the expenses of state that is U/S 304 OF CrPc .
Right to free legal Aid for the purpose of justice is given in Article 39 A OF Indian Constitution.

If any accused request to get medically examined then under SECTION 54 OF CrPc – RIGHT TO BE EXAMINED BY THE MEDICAL PRACTITIONER IS GIVEN
In case if he have complaints of physical torture then he can be examined and every accused should be informed about right to get medically examined.

CONCLUSION
SO we conclude that every person have right to be heard without biasness and he provided the natural rights by the constitution. Every accused have their rights and they can use it fully no one can snatch their rights from them.

 

 

Monisha Acharya

An aspiring lawyer in process.

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