RIGHTS OF AN ARRESTED PERSON By: Aesha Sheth @lexcliq

Before we discussed rights of an arrested person, let’s look at the brief introduction of arrest. That what the arrest is. In general words the person who breaks the law that person is arrested. Generally when a person is arrested that person loses some of their freedoms and liberty, and that person put in some restraint. When a person is arrested, by any legal authority and after that the person has been taken into custody of an authority empowered by the law for detaining the person. As per legal dictionary arrest means seizure or forcible restraint of the person by some legal authority.

There are mainly two types of arrest:

  1. Arrest made in view of the warrant issued by the Magistrate.
  2. Arrest made without such warrant but in accordance with some legal provision permitting such arrest.

Rights of arrested person:

  1. Right to know the grounds of an arrest.
  2. Right of arrested person to be taken before Magistrate without any delay.
  3. Right to consult a legal practitioner
  4. Rights of free legal Aid
  5. Right to remain silence
  6. Right to be released on bail.
  7. Right to a fair trial
  8. Right to a speedy trial
  9. Right to be examined by a medical practitioner
  10. Other rights.

 

  1. Right to know the grounds of an arrest: every person who is arrested by police officer, without warrant of Magistrate so that person has the right to know about which grounds he is being arrested. And this provision is contained under Section 50 (1) of Criminal procedure code.
  • According to Section 50A the arrested person has the right to inform any of his friend or relative or any other person in the interest of the arrested person. The police officer told to the arrested person that he has the right to inform his family member or friend about his arrest before he kept under custody.
  • If the person is arrested by the warrant so under that cases the police officer has tell to the person about the substances of the warrant and if the police officer found necessary so he can also show the warrant to the person. This thing is laid down under section 75 of the Criminal Procedure Code.
  • And also according to Article 22 (1) of Indian Constitution, no police officer arrest a person without informing him the grounds of an arrest.
  • This right Was held in the case of Jogindar Singh v/s State of U.P, that it is mandatory under Section 50 A on the part of police officer that it is not only inform the friend or relative of the arrested person but it is also necessary that the police officer has also make an entry about the arrest in the register maintained by the police.

 

  1. Right of arrested person to be taken before Magistrate without any delay: if the arrested person arrested without warrant, so in that case the police officer has to be bought before the Magistrate without any delay to whom who has the jurisdiction. This lay down under Section 55 of the Criminal Procedure Code.
  • And according to section 76 of the Criminal procedure code if the police officer executes the warrant passed by the judicial magistrate and arrest the person so under this circumstance the person has to bought before the Judicial Magistrate within the 24 hours of the arrest and in the proper jurisdiction. And in counting the 24 hours the police officer must exclude the timing of travelling from which the police officer bought person before Magistrate.
  • According to Article 22 (2) of Constitution, the police officer has to bought the person in 24 hours of detention, and if any unnecessary delay is done by the Police officer so under that circumstances the police officer is liable for the wrongful detention of that person.

 

  1. Right to consult a legal practitioner: Section 41D of the Criminal Procedure Code states that every prisoner has the right to consult his lawyer during the time of his interrogation.
  • And article 22 (1) says that every person who is arrested by the person has the right to consult a lawyer of his choice.
  • The person against whom the criminal proceeding is conducted so that person has the right to be defended by the pleader of his choice.

 

  1. Rights of free legal Aid: According to Section 304 of Criminal Procedure Code, if the person is arrested and if the trial of the case is conducted under the Sessions Court and if during the trial the accused person does not have any legal practitioner for defending him or the accused person does not have sufficient means to hire a legal practitioner so under that circumstances the court can appoint the pleader for the means of accused person by the expense of the state.
  • Article 39A obligates a State to provide free legal aid for the purpose of securing the justice. In the case of Sukh Das v/s Union Territory of the Arunachal Pradesh, the court held that the right of indigent accused cannot be denied even when the accused fails to apply for it. For the indigent accused if the state fails to provide free legal aid then it will vitiate the whole trial as void.

 

  1. Right to remain silence: this right is not specifically mentioned under any act but this right can derive its authority from the CrPC and Evidence Act. This right is related to the statement and confession done in the court before the Judicial Magistrate.
  • No arrested person is compelled to speak anything in the court. If the accused person says anything in the court then the court will examine that the accused made statement under any pressure or not. According to Article 20 (2) no person is compelled to witness against himself. This principle was restrained in the case of Nandini Satpathy v/s P.L Dani in this case the court held that No one can force any person to give any statement or to answer questions and the accused person has a right to keep silence during the process of interrogation”.

 

  1. Right to be released on bail: according to Section 50(2) f Criminal Procedure Code, when the police officer arrest a person without warrant other than the non-cognizable offence so under this situation the police officer has to told to the arrested person that the person has the right to got released on bail and for getting released on bail the accused has to make arrangements for sureties on the behalf of the arrested person.

 

  1. Right to a fair trial: As you know that right to equality of Indian Constitution talks about equality among all the persons of the states. So right to get fair trial is not anywhere describe under the Criminal Procedure Code but it is described under the Article 14 of the Constitution. And this right is also explaining in many judgments.
  • It is also describe that the trial should be fair for both the parties and the trial has to be conducted in the open court.
  • In order to preventing the secret designing and obtaining of convictions this provision of fair trial has been inserted in the code.

 

  1. Right to a speedy trial: This right is not mentioned in the Indian constitution but the Supreme court made it mandatory in the case of Hussainara Khatoon that the investigation which are made in the trial must be conducted as the expeditiously as possible.
  • In the cases, where the punishment of the accused is 2 years the trial has to be completed in the 2 years.

 

  1. Right to be examined by a medical practitioner: according to Section 54 of the Criminal Procedure Code, the examination of the accused person by the medical practitioner has to be done by the request of the accused person.
  • Because arrested person alleges that the examination of his body will lead to a fact which will disapprove the fact of commission of an offence by him, or which will lead to commission of an offence by any other person against his body so under this circumstances the court will direct to do examination of the arrested person by the medical practitioner.

 

  1. Other rights:
  • According to Section 55 A of the Criminal Procedure Code, that it is the duty of the person under whose custody the arrested person is to take reasonable care of the health and safety of the arrested person.
  • According to section 358 of the Criminal Procedure Code that there has been a right to get compensate if the person is arrested without any proper ground.
  • According to Section 41A of Criminal Procedure code that in cognizable type of offence the police officer will give the notice to the accused person for appearing before him on such date.
  • The arrested person is protected from the cruel and inhuman treatment the custody by the Police officers.
  • The police officer should not cause death to the person who is arrested by the police officer.
  • Police officer should not make more restraint to the arrested person. If police officer makes more restraint or detention then it will be considered as illegal.

 

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