Rights of the Arrested Person

  1. The Right to Keep Silent
    It means that courts or courts generally should not conclude that a person is guilty or not committing a crime because he or she did not answer questions asked by a police officer or a court. In a report by the Malimath Justice Committee it was stated that the right to peace is much needed in communities where anyone can be illegally detained in any case. According to the law of evidence, any kind of statement or confession made to a police officer on duty is not admissible in a court of law. The right to peace is a major concern for confession. Defendant’s silence can be a break only before the magistrate but it should be voluntary and without pressure or influence. Article 20 (3) of the Constitution of India guarantees everyone the right to self-determination, stating that any person charged with any crime shall not be compelled to be a witness against him.
  2. The Right to Know the Reasons for Imprisonment
    2.1) Provided under Section 50 (1) of the Criminal Procedure Code that everyone arrested by any police officer on duty, without permission, has the right to know the full details of his or her detention, and the police officer is obliged to disclose such information to the respondent and will not deny it.
    2.2) In terms of section 55 of the Cr.PC, where any person is detained by any police officer, taken by the senior police officer, that subordinate officer must, before arresting the person, notify the person to be detained in writing. If this is not followed, the arrest will be considered illegal.
    2.3) If a person is arrested under a warrant, then in terms of Section 75 of the Criminal Court, any person making such a warrant must notify the person to be arrested, the details of that warrant, or show such warrant if necessary. If the terms of the warranty are not declared, the arrest will be illegal.
    2.4) The Constitution of India grants this right as one of the fundamental rights. Section 22 (2) of the Constitution states that “no detainee shall be detained without notice immediately, on the grounds of such arrest and shall not be deprived of the right to consult, and to be protected by his or her own attorney. ”
  3. Details About the Right to Bail
    Any person who is arrested without a warrant and who is not charged with a criminal offense must be informed by the police officer that he or she has the right to be released on bail. This helps people who have been arrested on charges and who do not know their right to be released on bail.
  4. The Right to Be Taken Before a Magistrate Without Delay
    It does not matter the fact, that whether the arrest was made by authority or without a warrant, the person who arrested the person must bring the detainee before a judicial officer without unnecessary delay. In addition, the arrested person should be detained at the police station only and not elsewhere, before being taken to the Magistrate. The news is provided by Cr.P.C. under sections 56 and 76 provided below:
    Section 56 of the Cr.P.C. “A person who is arrested to be brought before a magistrate or police officer in charge of a police station – a police officer who arrests without a warrant must, without unnecessary delay and in accordance with the conditions set out in bail, take or remit the person arrested before the magistrate has jurisdiction over the case.”
    Section 76 of the Cr.P.C. “A person who has been arrested and brought before a court without delay – a police officer or other person who uses a warrant of arrest (in terms of section 71 for safety) without unnecessary delay will bring a person detained before the court before the law requires it to produce that person”.
    In addition, it is stated under section 76 that such delays shall not exceed 24 hours in any case. While calculating the 24-hour period, the required travel time will not be included. The same is stated in the Constitution as a Basic Right under Section 22 (2). This right is intended to eliminate the possibility of police officers giving confession or forcing a person to provide information.
    If police officers fail to produce a detainee before a magistrate within 24 hours of arrest, police officers will be charged with unjust detention.
  5. Rights in Trial
    6.1) Right To A Trial Fair
    The Constitution under Article 14 guarantees the right to equality before the law. The Code of Criminal Procedure also provides that in order for a case to be established, it must be an open court. This provision is intended to ensure that sentencing is not privately available. In some exceptional cases the trial can be captured on camera.
    6.2) Attending a Quick Test by the Constitution of India
    Although this right was not explicitly stated in the Constitution, the SC in the case of Hussainara Khatoon has forced the investigation into the case to be tried “as soon as possible.”
    In cases where a maximum penalty can be imposed for two years, if the respondent is arrested, the investigation must be completed within six months or suspended upon receipt of an order from the Magistrate, unless the Magistrate receives and accepts, in writing, his reasons for extending the investigation.
  6. Right to See Legal Aid
    Everyone who is arrested has the right to contact a lawyer of his or her choice. This is enshrined as a fundamental right in Article 22 (1) of the Indian Constitution, which cannot be denied in any way. Section 50 (3) of the Code also stipulates that the person who initiates the proceedings has the right to be protected by the person of his or her choice. This begins immediately when the person is arrested. Consultation with a lawyer may be in the presence of a police officer but not at a hearing.
  7. Free Legal Aid Rights
    Supreme Court in Khatri (II) case v. The State of Bihar states that the state is under a constitutional obligation (defined in Article 21) to provide free legal aid to a person accused of poverty as stipulated in Article 21 of the Constitution. This right does not arise only during the trial but also at the time when the accused is first released before a magistrate, and also when he or she is detained from time to time. The Supreme Court further states that the government’s failure to inform the accused of this right will help the entire trial process. Therefore, the task is placed on all magistrates and courts to inform poor suspects of his right to free legal aid. The Supreme Court has moved forward with the Suk Das case and the Union Territory of Arunachal Pradesh, where it has been stated that this constitutional right cannot be denied if the defendant fails to apply. It is clear that unless it is denied, failure to provide free legal aid to the needy defendant could benefit from a trial that involves setting aside a sentence and a sentence.
  8. Right to Medical Examination
    Section 54 of the Code of Criminal Procedure states that it is the defendant’s right to be examined by a physician. When a person who has been arrested, whether on trial or otherwise, sues, during his or her appearance before a Magistrate or at any time during his or her detention, his or her physical examination shall provide evidence to challenge his or her commission of any offense or to establish a commission by any other person. if requested by the detainee to direct the autopsy by a registered medical practitioner Employee unless the Magistrate considers that the request was made for the purpose of concern or delay or defeat of the end of justice. ”

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.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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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