Legal system of India is developed keeping in mind the very essence of “innocent till proven guilty”. This means that any unlawful arrest of an individual is violative of ARTICLE 21 of the Indian Constitution which elaborated that, no human can e denied of hid right and personal liberty except if established by law”. It clearly means that every process of law must be clear, fair and unambiguous which is not arbitrary or oppressive.
Every individual is often driven by the notions of society which increases the tendency of ignoring certain important topics that require due attention. Gradually this ignorance turns into acceptance. Some popular Bollywood movies like Dabang, Singham, Rowdy Rathore has framed the notion of police torture and police violence in the mind of their audience. This not only promotes and encourage such activities but it also kills the knowledge of law and rights of citizens.
Any accused person in India is liberalized with certain rights which are mainly enshrined in the Constitution of India. In the landmark case of Kishore Singh Rvinder Dev vs State of Rajasthan, it was stated that the laws in India have made elaborate provisions with regard to respecting and protecting the rights of an accused person keeping in mind his dignity as human being and providing him with just, fair and impartial trial.
In another leading case Maneka Gandhi vs Union of India, it was held by the court no matter what procedure is being followed by the state, basic rule of just, fair and reasonable trial shall always be adhered to.
“Every right is a moral as well as legal entitlement to have or do something”
RIGHTS OF ARRESTED PERSON THAT EVERY CITIZEN MUST KNOW:
Right to know the grounds of arrest
- Article 22 states that no police official can arrest any individual without informing the accused the reason/ ground of his arrest
- Section 50 of the Code of Criminal Procedure states that police officer with authority to arrest without warrant must inform the person being arrested about the commission of crime for which he is arrested and any other relevant grounds for arrest.
- Article 22(2) of Indian Constitution states that the arrested person must be produced before the magistrate within 24 hours of the arrest, failing to do so amounts to wrongful detention.
- Section 50(2) of Criminal Procedure Code states that the arrested person has the right to be released on bail by making the required sureties or to be informed about his right when arrest without a warrant for an offence other than non-cognizable offence.
- Article 39A talks about right to free legal aid. Whenever an accused is deprived of legal help, the state provides the accused with legal help.
- The right to keep quiet, this right is not mentioned in the law however it can be derived from Evidence Act and CrPc. It means that no one can force the accuse to make any statement or confession before any authority.
DK BASU Vs STATE of WEST BENGAL
The increase in number of police atrocities and custodial deaths led the Supreme Court to issue guidelines and provisions regarding arrest and detention
- The person carrying out arrest should bear all the tags with their designation.
- Police officer shall make an arrest memo.
- Arrested person in the lock-up shall be entitled to have one friend or relative known to him or having interest in his welfare.
- The person arrested must know about his rights and be informed about the arrest or detention.
- The arrest person if requests, should be examined and at the time of arrest minor and major injuries must be examined.
- The arrestee should be subjected to medical examination by a trained doctor every 48 hours.
Despite of the various protections by the law and various landmark judgements there is a long way for our country to go and achieve equal opportunities and rights to all citizens of the country. The police officals often take undue advantage of their powers and go beyond reasonable limits for the purpose of creating fear and extortion of money. Reports on custodial violence are ever increasing which doesn’t only require due attention but also requires due action!
It is the need of the hour to execute the legal provisions with due strictness and guidelines to bear better results which in long run will help in bearing better results. Mission and vision to cut down custodial deaths and illegal arrests shall prevail!