Rights of Arrested Person By Diksha Dubey @Lexcliq

“All human beings are born free and equal in dignity and rights and are endowed with reason and conscience and should act towards one another in the spirit of common brotherhood and conscience”.

Introduction

All human beings are born with the Right to Life, Right to Personal Liberty, etc. Human rights are enshrined under the Constitution of India and the Universal Declaration of Human Rights. A person cannot be denied of his rights on the grounds that he/she has been detained. The various rights of an arrested person can be inferred from the Code of Criminal Procedure, the Constitution of India and various landmark judgements.

Right to know the grounds of arrest

  • Article- 22(1) of the Indian Constitution stipulates that no police official can arrest any individual without informing the accused the reason/ ground of his detainment/ arrest.
  • Section- 50of the Code of Criminal Procedure (CrPC) says that every police official with authority to arrest someone without a warrant must inform the person getting arrested about the crime for which he is arrested and other relevant grounds for the arrest. This is the duty of the police official which he cannot refuse.
  • Section- 50Aof CrPC makes it compulsory for the person/ police official arresting a person to inform of the arrest to any of his relatives or even friends who may have interest in the same.
  • Section- 55of CrPC states that in situations where a police official authorizes his junior to arrest a person without a warrant, the junior official must notify the arrested person of the order of delegation that is given which must also mention the crime and the grounds of arrest.
  • Section- 75of CrPC states that the police official executing the warrant must notify the substance to the arrested person and furnish the warrant of the arrest when required.

2- Right to be produced before the Magistrate without unnecessary delay

  • Article- 22(2) of the Indian Constitution stipulates that the police official making an arrest must produce the arrested person before the Magistrate within 24 hours of the arrest failing to do so would make him liable for wrongful detention.
  • Section- 55 of CrPC states that in case a police official is making an arrest without a warrant, then he must produce the person arrested without any unnecessary delay before the Magistrate with jurisdiction or before a police officer in charge of the police station, depending upon the conditions of the arrest.
  • Section- 76 of CrPC states that the arrested person must be produced in court within 24 hours of his arrest, the same can must exclude the time duration which is required for the journey from the place of arrest to the Magistrate Court.

3- Right to be released on bail

  • Section- 50 (2) of CrPC provides that the arrested person has the right to get released on bail by making arrangement for the sureties or just inform him of his right when arrested without a warrant for an offence other than a non-cognizable offence.

4- Right to a fair and just trial

The legal provision regarding the right to a fair and just trial can be extracted from the Indian Constitution as well as a lot of Supreme court and High court judgments since no specified law has been stipulated in this regard.

  • Article- 14 of the Indian Constitution states that every individual is equal before the law which means that all the sides in a legal dispute must be treated equally.

5- Right to consult a Lawyer

  • Article- 22 (1) of the Indian Constitution provides that every arrested person has the right to choose and elect his own lawyer to defend him in the court of law for whatever crime he may/ may not have committed.
  • Section- 41D of CrPC allows prisoners to be able to consult with their lawyers even during their interrogation.
  • Section- 303 of CrPC allows every alleged convict/ criminal the right to be defended by a lawyer of his choice even if the criminal proceedings against him have already begun.

6- Right to free legal aid

  • Article- 39A The government in an effort towards securing justice instituted Article- 39A to provide free legal aid to people in need.

Moreover, this right to free legal aid for the accused cannot be refused even when the accused fails to ask for it himself.

  • Section- 304of CrPC provides a very significant right to every accused who is set to appear before a Sessions Court to appoint him a lawyer (totally free of cost) at the expense of the State. The court may appoint him a representing lawyer if the accused has no sufficient means to appoint himself a lawyer for his case then.

7- Right to keep quiet

The right to keep quiet does not have any mention in any Indian law, however, its authority can be derived from CrPC as well as the Indian Evidence Act.

The right to stay silent is principally related to the statement and confession made by the accused person in the court. In addition to this, it is the responsibility of the magistrate to perceive if any statement or confession made by the accused person was voluntarily or was after the use of force and manipulation. Therefore, police or any other authority for that matter is not allowed to compel an accused person to speak anything in the court.

  • Article- 20(2) Additionally, reiterates that no person whether accused or not cannot be compelled to be a witness against himself. This act of exposing oneself is the principle of self- incrimination.

8- Right to be examined by a Doctor

  • Section- 54 of CrPC asserts that if an arrested person claims that medical examination of his body would lead to a detail which would dismiss the fact of commission of the crime by him, or some detail that might lead to evidence towards commission of the crime by some other person against his body.

9- Additional rights available to an arrested person

  • Section- 55A of CrPC asserts that maintaining reasonable heath care and safety of every arrested person will be the sole responsibility of the person (police official) who has the custody of the accused.
  • Section- 358 of CrPC is another groundbreaking effort towards the principle of natural justice where the arrested person is provided with compensation when arrested unreasonably.
  • Section- 41A of CrPC asserts that the police official must furnish notice to the person who has supposedly committed a cognizable offence to appear before him at a specified time, date and location.
  • Section- 46 of CrPC stipulates the mode of arrest of an accused person which includes submission to custody by the accused, physically touching the body, or to a body.
  • Section- 49 of CrPC asserts that the police official must not restrain or detain the accused without a legal arrest.
  • Section- 41B Every police official authorized to conduct the investigation/ arrest must supply clear, visible and valid badge where the name and designation of the police official is clearly mentioned.
  • Section 41D entitles an arrested person to a right to have 1 friend or relative or any other person who he wants by his side during his arrest.
  • Section- 41C Every arrest made by any police official must be informed to the District and the State headquarters within 12 hours of any arrest which also needs to be displayed on the conspicuous board.

Conclusion

India faces a huge problem of illegal arrests as well as custodial deaths which are majorly caused due to illegal arrests. These problems undermine the essence of Article- 21 of the Indian Constitution as well as the fundamental human rights that are available to everyone under the Universal Declaration of Human Rights.

 

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