One of the essential tenets of our system is that the advantage of the presumption of innocence of the accused till he’s found guilty at the top of a trial on legal evidence. In a democratic society even the rights of the accused are sacrosanct, though accused of an offence, he doesn’t become a non-person. Rights of the accused include the rights of the accused at the time of arrest, at the time of search and seizure, during the process of trial and the like.
The accused in India are afforded certain rights, the most basic of which are found in the Indian Constitution. The general theory behind these rights is that the govt has enormous resources available thereto for the prosecution of people , and individuals therefore are entitled to some protection from misuse of those powers by the government. An accused has certain rights during the course of any investigation; enquiry or trial of an offence with which he’s charged and he should be protected against arbitrary or illegal arrest. Police have a good powers conferred on them to arrest a person under Cognizable offence without getting to magistrate, so Court should be vigilant to ascertain that theses powers are not abused for lightly used for private benefits. No arrest are often made on mere suspicion or information. Even private person cannot follow and arrest a person on the statement of another person, however impeachable it is.
There are two types of rights of arrested person: –
(i) At the time of arrest
(ii) At the time of trial
In India accused have more rights as compared to victim: –
(a) Right to be informed of ground of arrest.
Section 50 (1) of Cr. P.C.: Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.
Object: – It is one of the principles of natural justice.
(b) Obligation of person making arrest to inform about the arrest etc. to a nominated person.
Section 50 A of Cr. P.C.: [(1) Every police officer or other person making any arrest under this Code shall forthwith give the information regarding such arrest and place where as may be disclosed or nominated by the arrested person for the purpose of giving such information.
(2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station.
(3) An entry of the fact as to who has been informed of the arrest of such form as may be prescribed in this behalf by the State Government.
(4) It shall be the duty of the Magistrate before whom such arrested person produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.]
(c) Right to be informed of right to bail.
Section 50 (2) of Cr. P.C.: Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.
(d) Right to be produced before the Magistrate without delay.
Section 56 of Cr. P.C.: Person arrested to be taken before Magistrate or officer in charge of police station. –A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.
(e) Right of not being detained for more than twenty-four hours.
Section 76 of Cr. P.C.: Person arrested to be brought before Court without delay. –The police officer or other person executing a warrant of arrest shall (subject to the provisions of Section 71 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person:
Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.
(f) Right of not being detained for more than twenty-four hours without judicial scrutiny.
Section 57 of Cr. P.C.: No police officer shall detain in custody a person arrested without warrant for a longer period than under all circumstances of the case is reasonable, and such period shall not, in the absence of special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.
There is imminent got to usher in changes in Criminal Justice Administration in order that state should recognize that its primary duty isn’t to punish, but to socialize and reform the wrongdoer and in particular it should be clearly understood that socialization isn’t identical with punishment, for its comprises prevention, education, care and rehabilitation within the framework of social defence. Thus, within the end we discover that Rule of law regulates the functionary of each organ of the state machinery, including the agency liable for conducting prosecution and investigation which must confine themselves within the four corners of the law.
It is the duty of the police to guard the rights of society. It must be remembered that this society includes all people, including the arrested. Thus, it’s still the police’s duty to guard the rights of the arrested person. Hence, in light of the discussed provisions, a policeman must confirm that handcuffs aren’t used unnecessarily, that the accused isn’t harassed needlessly, that the arrested person is formed conscious of the grounds of his arrest, informed whether he’s entitled to bail and in fact , produced before a Magistrate within day of his arrest.