Rights of an accused person

Our justice system is based on one very important principle that “Let Hundred Go Unpunished, But Never Punish an Innocent Person” i.e. any person who is accused cannot be punished with to the verdict without any proper trial as the principle of innocent until proven guilty take places the person still have his rights until the prosecution proved that the person is guilty.
The person accused has certain rights present in Article 22 of the Indian constitution and the Supreme Court also issued certain guidelines related to the rights of an accused person. In D.K. Basu v. State of West Bengal, the court issued some mandatory guidelines in the case of arrest or detention includes, the arresting authority must bear an accurate, visible, and clear identification with their names and designation written on it, his family and friends must be told about his arrest and a memo must be signed by the arresting authority and family members and the accused may be permitted to meet his lawyer during interrogation. In Nandini Sathpathy v. P.L.Dani, it was held that no one by any forceful means could extract any statement from the accused. So, the accused has the right to remain silent during the course of the investigation. There are also some rights that are provided to the accused such as


• Right to know the grounds of his arrest
According to Section 50(1) Cr.P.C., when the person arrested without a warrant is entitled to know the particulars of the offense for which he is being arrested and when the person is arrested with a warrant so according to Section 75 of Cr.P.C., the accused must be notified the particulars of such warrant or can see the warrant if needed.

• Right to have bail
If a person is arrested in a bailable offense without a warrant then he has to inform by the police officer that he is entitled to release on bail on paying a certain surety amount.

Right to consult for legal aid
According to Article 22(1) of the Indian constitution and Section 50(3) of Cr.P.C. sys that a person has the right to defend himself by a pleader of his own choice and if the person is an indigent person then there is the duty of magistrate and court to inform the accused about his right to get free legal aid.

• Right to privacy and protection against unlawful search
Any arresting officer or staff cannot violate the privacy of the accused and the property of the accused cannot be searched without a search warrant.

• Right to present at the trial, cross-examined and get the copies of the document
Section 273 of Cr.P.C. says that all evidence and statement, must be collected in the presence of an accused or his criminal lawyer i.e. he has the right to present in his trial and has the right to be cross-examined by the prosecution to prove his innocence and also have the right to receive the copies of all documents presented in relation to the case.

Right of Human treatment in custody
The accused has all his rights while in custody and is subjected to human treatment by the authorities.

• Right to Appeal
The right of the arrested person also includes the right to file an appeal in a higher court.

In Indian Constitution many rights are given to the people but also a provision was inserted that all the rights could be suspended in case of emergency except Article 20 and 21 as the right to life and the concept of free trial is a part of Natural justice and it shouldn’t be taken from any of the persons.

Aishwarya Says:

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