RIGHTS OF THE ARRESTED PERSON
BY NISHIL KAUSHAL
One of the fundamental tenets of our system is that the good thing about the presumption of innocence of the defendant until he’s found guilty at the top of an attempt on legal proof. in an exceedingly democratic society even the rights of the defendant area unit inviolate, although defendant of associate offence, he doesn’t become a non-person. Rights of the defendant embody the rights of the defendant at the time of arrest, at the time of search and seizure, throughout the method of trial and also the like.
The defendant in Asian country area unit afforded sure rights, the foremost basic of that area unit found within the Indian Constitution. the final theory behind these rights is that the govt. has monumental resources on the market to that for the prosecution of people, and people thus area unit entitled to some protection from misuse of these powers by the govt.. associate defendant has sure rights throughout the course of associated investigation; enquiry or trial of an offence with that he’s charged and he ought to be protected against whimsical or banned arrest. Police have a large powers given on them to arrest someone beneath knowable offence while not progressing to functionary, thus Court ought to be wakeful to check that theses powers aren’t abused for gently used for private edges. No arrest may be created on mere suspicion or data. Even non-public person cannot follow and arrest someone on the statement of another person, but impeachable it’s.
Though the police has been given numerous powers for facilitating the creating of arrests, the powers area unit subject to sure restraints. These restraints area unit primarily provided for the protection of the interests of the person to be in remission, and conjointly of the society at massive. The imposition of the restraints may be thought of, to associate extent, because the recognition of the rights of the in remission person. There are, however, another provisions that have rather additional expressly and directly created necessary rights in favour of the in remission person.
In the leading case of Kishore Singh Ravinder Dev v. State of Rajasthan, it had been same that the laws of Asian country i.e. Constitutional, Evidentiary and procedural have created elaborate provisions for safeguarding the rights of defendant with the read to safeguard his (accused) dignity as a personality’s being and giving him edges of a simply, truthful and impartial path. but in another leading case of Meneka Gandhi v. Union of Asian country it had been taken that the procedure adopted by the state should, therefore, be just, truthful and affordable.
Now there are some basics rights given to the arrested person
- Rights to silence is a principle of common law which means that normally courts or tribunals of fact should not be invited or encouraged to conclude by parties or prosecutors
that a suspect or an accused is guilty merely because he has refused to respond to questions . Put to him by the police or court.
- Right to know to grounds of arrest – every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of that offence for which he is arrested or other grounds of such arrest.
- Information regarding the rights to be released- sec 50 (2) CRPC provides that 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 in bail that he may arrange for sureties .
- Right to be taken before a magistrate without delay- wether the arrest os made without warrant by a police officer or whether the arrest is made under a warrant by any person, the person making the arrest must bring the arrested person before a judicial officer without any unnecessary delay.
- Right to not being detained for kore than 24 hours without judicial examination- whether the arrest is without warrant or under a warrant, the arrested person must be brought to the magistrate pr court within 24 hours
- Right to trial- The constitution under article 14 guarantees the right to equality before law , the CRPC also provides that for a trial to be fair and it must be an open court trial. The constitution also provides an accused the right to speedy trial although this right is not directly stated in the constitution.
- Right to consult a legal person- Article 22 (1) states that no person who is arrested shall be denied the right to consult a legal practitioner of his choice.
- Right of free legal aid- the state is under a constitutional compulsion to provide free legal aid to an indigent accused person.
- Right to be examined by a medical practitioner- sec 54 of the constitution states the examination of arrested person by medical practitioner at the request of the arrested person.
- Right or the accused to provide an evidence- the accused has the right to produce witness in his defense in case of police report or private defense.
It is generally believed that in spite of the various safeguards in the CRPC as well as in the constitution, the power of arrest given to the police is being misused till this day. It is also believed that the police often use their position of power to threaten the arrested persons and take advantage of their office to receive money. There have also been many reports on custodial violence that lead many to believe that deprivation of basic rights of the arrested person has become commonplace nowadays.