Rights of an arrested person in India, Erwin Thomas Wilson @Lexcliq

A human being is born with such rights, such as the right to life and the right to personal liberty. The Indian Constitution and the Universal Declaration of Human Rights all protect human rights. A person’s freedom cannot be taken away only because he or she has been arrested. The Code of Criminal Procedure, the Indian Constitution, and various landmark judgments can also be used to presume the rights of an accused citizen.

The justice framework in India is based on the principle of “innocent unless proved guilty.” Arresting anyone may be a violation of Article 21 of the Constitution, which states that “no citizen shall be deprived of his right to life and personal liberty except by statute.” It implies that the protocol must be equal, transparent, and devoid of arbitrariness or oppression.

Arrested Person’s Rights
1)Right to inquire why you were arrested.

  • According to Section 50 of the Criminal Procedure Code, any police officer or other individual authorized to apprehend a person without a warrant must notify the accused person of the offense for which he is being held and any other reasons for the arrest. It is the police officer’s responsibility, and he cannot deny it.
  • An individual making an arrest is required by Section 50A of the CrPC to warn all of his friends or relatives, as well as any other person of his interest, of the arrest. As soon as the accused person is taken into custody, the police officer may tell him that he has a right to know about his detention to the nominated person.
  • According to Section 55 of the CrPC, if a police officer authorizes his subordinate to arrest without a warrant, the subordinate officer must inform the person arrested of the content of the written order, which must include the offense and any reasons for arrest.
  • According to Section 75 of the CrPC, the police officer (or any other officer) serving the warrant shall inform the person arrested of the substance and, if necessary, show him the warrant.
  • Article 22(1) of the Indian Constitution also specifies that no police officer can detain someone without first telling them of the reason for their detention.

2) The right to appear before the Magistrate without undue delay

  • According to Section 55 of the CrPC, a police officer who arrests without a warrant must produce the accused person without further delay before the Magistrate with authority or a police officer in charge of the police station, according to the arrest conditions.
  • According to Section 76 of the Criminal Procedure Code, a police officer who is serving a warrant of arrest must present the accused suspect before the court to which he is bound by statute to present the person. The individual must be produced within 24 hours of being arrested, according to the law. When measuring the 24-hour span, the time needed to travel from the site of detention to the Magistrate Court must be taken into account.
  • According to Article 22(2) of the Constitution, a police officer who makes an arrest must appear before a magistrate within 24 hours of the arrest. If the police officer does not appear in front of the Magistrate within 24 hours, he will be charged with wrongful arrest.

3) Possession of the right to be free on bail

When a police officer arrests a citizen without a warrant for an offense other than a non-cognizable offense, he must remind him that he has the right to be released on bail and make arrangements for sureties on his behalf, according to Section 50(2) of the CrPC.

4) The right to a fair hearing is one of the most important rights that people have.

The CrPC makes no allowance for the right to a fair hearing, but those protections can be taken from the Constitution and numerous court decisions.

  • According to Article 14 of the Constitution, “all people are equal before the courts.” It implies that all sides to a conflict should be treated equally. In the case of all sides, the theory of natural justice should be considered. In Huissainara Khatoon vs Home Secretary, State of Bihar, the court stated that “the trial is to be disposed of as expeditiously as possible.”

5) The right to get legal advice

  • The right of an inmate to contact his counsel during questioning is stated in Section 41D of the Criminal Procedure Code.
  • According to Article 22(1) of the constitution, an accused person has the right to nominate a lawyer and to be represented by a pleader of his choosing.
  • According to Section 303 of the Criminal Procedure Code, someone accused of committing a crime in a criminal judge or facing criminal charges has the right to be represented by a lawyer of his choosing.

6) The right to free legal assistance

  • When a trial is held before the Court of Session and the accused is not represented by a legal practitioner, or it appears that the accused lacks adequate resources to appoint a pleader, the court can appoint a pleader for his defense at the expense of the State, according to Section 304 of the CrPC.
  • Article 39A requires a jurisdiction to offer free legal assistance in the pursuit of justice. In the case of Khatri (II) vs. State of Bihar, this privilege was also expressly granted. “To offer free legal protection to the indigent convicted person,” the court ruled. It’s also provided when the criminal is brought before the Magistrate for the first time and the clock starts ticking. And if the accused would not ask for it, the freedom of the accused cannot be withheld. If the state fails to offer legal assistance to an indigent defendant, the whole trial will be invalid. “The privilege of an indigent accused cannot be withheld except though the accused fails to apply for it,” the court held in the case of Sukh Das vs Union Territory of Arunachal Pradesh. If the state fails to offer adequate assistance to the indigent accused, the whole trial will be invalid.

7) The right to remain silent
While the right to remain silent is not recognized by the statute, it may be derived from the Criminal Procedure Code and the Indian Evidence Act. This right is mostly concerned with the testimony and confessions rendered in court. When a plea or declaration is made in court, it is the Magistrate’s responsibility to determine if the statement or confession was made willingly or not. No one should be forced to testify in court if they have been detained.

No one should be forced to testify against himself, according to Article 20 (2). This is the self-incrimination principle. The case of Nandini Satpathy vs. P.L Dani reaffirmed this theory. “No one should ask someone to make a comment or answer questions, and the arrested party has the right to remain silent throughout the interview process,” it said.

8) The right to have a licensed medical professional examine you.
Where an arrested person claims the examination of his body will reveal information that will disprove the fact of his commission of an offense, or that may lead to the commission of an offense by some other person against his body, the court may order a medical examination of that accused person at his request, until the court is satisfied that such a request is made to defeat the justice.


In India, wrongful detention and death in custody are big issues. It violates Article 21 of the Constitution as well as the fundamental human rights guaranteed by the Universal Declaration of Human Rights. The Supreme Court’s rules in D.K Basu vs State of West Bengal are not being followed properly. If the provisions and procedures are followed correctly, the number of illegal arrests will be reduced.

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