RIGHTS OF AN ARRESTED PERSON

In India usually the poor are not aware of the laws and are mistreated by the police

1)A police officer can arrest you without warrant in case of cognizable offences whereas in other cases they cannot arrest you without a written permission from the magistrate sec 41 of CR.P.C

(Article 20(3) of the Indian Constitution states that no one can be compelled to be a witness against himself, the right to remain silent emanates from this very Article. It states that you can not be forced by the police to be a witness, he can opt to talk to the police when his/her lawyer is present. In the absence no one can force him/her.)

2) If you arrested, you must be  produced against a magistrate within 24 hrs. of time- sec 57 of crpc according to section 46 and 49 of CR.P.C, forget about beating(unless you are co operative and no restraining ) then officer cannot even touch you after and while arresting, if you are restraining then the force used by the officer must be justifiable

3) Police officer when arresting without warrant shall forthwith communicate to the accused person full particulars of the offence for which he is arrested. If the case is bailable, then the accused must be informed of his right to get bail. – Section 50(1) and 50(2) Cr.PC

4) Arrested person has right to consult to a lawyer of his choice. – Article 22 (1) Constitution

5) If the officer causes  you grievous hurt, then you can sue him under section 323 and 325 of CR.P.C, either landing him into jail or punishment with a fine.

Police brutality is an example of violation of civil rights, where an officer misuses his power and tortures an individual with a force that is much higher than what is required. This has resulted in various custodial deaths, the record of which is still to be found and to be produced before law. The case of Nilabati Behra v/s State of Orissa & Ors.  is a glaring example of death caused by police brutality. In this particular case the state was held liable and was directed to pay compensation to the appellant. This brutal act of police was regarded as a gross violation of the rights enshrined in Article 21 of the Indian Constitution.  Supreme Court in Bhim Singh Versus State of J & K. , directed the State Government to pay a compensation of Rs 50,000 for illegal arrest and detention of Bhim Singh by the police in order to prevent him from attending the Assembly Session. Also if you have been mistreated , you can file an fir against the officer who assaulted you
if you are a women you cant be arrested after sunset and before sunrise unless and until it is eminently necessary to arrest you and only a lady police can arrest a woman as statd in sec 46 of crp\

6) According to sec 49 a police officer cannot detain you unless and until you are arrested, it is illegal in nature.

In the end I would like to conclude by saying  that the first step towards  change is  awareness be aware and let no one mistreat you

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