THE RIGHTS OF THE ARRESTED PEOPLE – (PART 2)

(CONTINUATION)

Rights of an Arrested Person are as follows:

6. Rights at Trial

  • Right To A Fair Trial

Article 14 of the Indian Constitution guarantees the right to equality before the law. The code of criminal procedure also provides that for a trial to be fair, it must be an open court trial. This provision is designed to ensure that the convictions are not obtained in secret. In some exceptional cases the trial may be held in camera. Every accused is entitled to be informed by the court before taking the evidence that he is entitled to have his case tried by another court and if the accused subsequently moves such an application for transfer of his case to another court the same must be transferred. However, the accused has no right to determine by which other court the case is to be tried.

  • Right To A Speedy Trial 

The Constitution provides an accused the right to a speedy trial. Although this right is not explicitly stated in the constitution, it has been interpreted by the Hon’ble Supreme Court of India in the judgment of Hussainara Khatoon case and has made it mandatory that the investigation in the trial must be conducted “as expeditiously as possible.”

In cases, wherein the maximum punishment that can be imposed is 2 years, once the accused is arrested, the investigation for the trial has to be completed within the period of six months or stopped on an order from the Magistrate, unless the Magistrate receives and accepts, with his reasons in writing, that there is cause to extend the investigation.

7. Right To Consult A Legal Practitioner

Any person who is arrested has the right to consult a legal practitioner of his own choice. As per Article 22(1) of the Constitution of India it states that “No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice” and also Se

8. Rights Of Free Legal Aid

The Supreme Court in the case of Khatri (II) v. the State of Bihar stated that “the state has a constitutional obligation (Implicit in article 21) to provide free legal aid to an accused person, and a constitutional obligation to provide free legal aid which does not only arise when the trial commences but also when the accused is for the first time produced before the magistrate, and also when remanded from time to time”. Further the Supreme Court stated that failure on the part of the state to inform the accused of this right will vitiate the whole process of trial. Therefore, a duty was imposed on all magistrates and courts to inform the accused of his right to get free legal aid.

9. Right To Be Examined By A Medical Practitioner

As per Section 54 of Cr.P.C :- “Examination of arrested person by medical practitioner at the request of the arrested person. When a person who is arrested, whether on a charge or otherwise alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other person of any offence against his body, the Magistrate shall, if requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of justice.”

10. Right Of The Accused To Produce An Evidence

The accused has the rights to produce witness in his defence in case of a police report or in private defence. After cross examination of all prosecution witnesses. He can even call further for cross examination. The judge shall go on recording the evidence of the prosecution witness till the prosecution closes its evidence. The accused in order to test the truthfulness of the testimony of a prosecution witness has the right to cross-examine him, As per Section 138 of Indian Evidence Act, 1872 gives the accused the right to confront only witnesses. This right ensures that the accused has the opportunity for cross-examination of the adverse witness. Section 33 of Indian Evidence Act says when a witness is unavailable at trial, a testimonial statement of the witness may be dispensed by issuing commission. 

Conclusion

Every individual who has committed a crime or not should be treated as a human being, irrespective of the fact that such a person is a criminal. The accused are also granted certain rights, in which the basic rights are found in the Indian constitution and also in the Criminal procedure code. 

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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