Arresting someone means an act of seizing someone and taking them into custody usually because he or she commits some type of crime. Also, the basic rights of an arrested person are surrendered. Although an arrested person also possesses some rights.
Even though an arrested person is already considered a sinner in India, even when India’s legal system is based on, “innocent till proven guilty”.
But in India, every citizen owns basic rights and that includes an arrested person as well. In this article by legal lock, we are going to talk about some basic rights of an arrested person.
1.Right to Know the ground of arrest.
● Section 50 of CrPC states that any person who is arrested has the right to be informed about the offence for which he is being arrested. Anybody who is authorized to arrest without a warrant must inform the arrested person about the offence on the basis that he/ she is getting arrested. It is the duty of the authority and he cannot deny this.
● Section 50A of CrPC says that any person who is arresting someone should inform any of his friends, family members or anybody in his interest. An arrested person has the right to inform his family or friends about his arrest as soon as he is put into custody.
● Section 55 of CrPC describes that any police officer who authorizes any of his subordinates to arrest a person without a warrant, the subordinate should notify the arrested person about a written order which is given, mentioning the offence he has done and other grounds of arrest.
● Section 75 of CrPC states that a police officer or any officer executing a warrant must notify the substance to the arrested person or show the warrant if required.
● Article 22(1) of the Constitution of India also says that no police officer can arrest a person without mentioning the grounds of arrest.
● Article 22(2) of the Constitution of India states that an arrested person cannot be put into custody without being informed about the grounds of arrest.
2. Right to be produced before the magistrate without unnecessary delay
● Section 55 of CrPC describes that a police officer arresting without a warrant should produce the arrested person without any unnecessary delay before the magistrate having a police officer in charge of the police station.
● Article 22(2) of the Indian Constitution states that the arrested person should be produced before the magistrate within 24 hours if the time is delayed, if the arrested person is not produced before a magistrate within 24 hours then it is considered as an act of retention.
● Section 76 of CrPC says that the officer executing the warrant of arrest to arrest a person should produce the arrested person in front of court within 24 hours. This time limit excludes the time of travelling from the place of detaining to Magistrate Court.
3. Right to consult a lawyer
● Article 22(1) of the Indian Constitution describes that the person who is arrested has the right to choose and appoint a lawyer of his own choice. And also has to be defended by a pleader of his own choice.
● Section 303 of CrPC says that when a person is said to commit an offence without proof before the criminal court or the person against whom proceedings are initiated or the person who is arrested has the whole right to choose the practitioner of his own choice.
● Section 41D of CrPC states that the person who is arrested for committing an offence has the right to consult a lawyer during interrogation.
4. Right to free legal aid
● Section 304 of CrPC mentions that if the accused or the person who is arrested by authority is not represented by a legal practitioner or lawyer or if the arrested person has no sufficient means to appoint a leader of his own choice then the Court may appoint a pleader for his defence.
● Section 39A states to provide free legal aid to secure justice.
5. Right to free trial
● Article 14 of the Constitution of India states that “all persons are equal before the law” which means both the parties of the dispute must be given equal treatment.
6. Right to be released on bail
● Section 50 of CrPC says that when any authority arrests a person without any warrant or written statement for committing the offence, they have the right to be released on bail.
7. Right to keep silent.
The right to keep quiet is not mentioned in the CrPC however the authority can be derived from CrPC as well as the Indian Evidence act.
The right to keep silent is basically related to the statement made by the accused in the Court. No police authority can forcefully make the accused make any statement in the court before the magistrate.
8. Right to be examined by Doctor
● Section 75 of CrPC says that if an accused person claims that medical examination of his body can lead to some pieces of evidence of his commission of criminal offence then the Court has complete discretion to order for a medical examination of the arrested person at his request and the court grant it as well and it is made sure that the request is not delayed.
Some other rights are owned by an arrested person.
Section 55A of CrPC describes that it is the duty of a police officer who has custody of the accused to maintain reasonable healthcare of the arrested person.
This was established to protect the arrested person from the inhuman cruel treatment in the prison.
● Section 41A of CrPC says that any authorized police officer who has the custody of an arrested person must possess a clear and visible badge where the name and designation are clearly mentioned.
Along with this, the police officer shall make a cash memo with complete details of arrest like date, time. And in the same document, the signature of at least one family member of the accused should be mentioned. If not, then the signature of any honourable person of the locality of the accused person should be mentioned.
● Section 41C describes that every arrest made by a police officer should be informed to the district and State headquarters within 12 hours of the arrest.
● Section 41D of CrPC states that any person who is being arrested has the right to have at least 1 family member or any friend or anybody who is by his side at the time of the arrest.
The police should inform the arrested person about the right which is given to the arrested person, that is he has the right to inform his family or friends about his arrest immediately.
● Section 46 of CrPC says that any police officer who is trying to arrest should not be the cause of death or any physical harm caused to the accused person.
Except when the person who is being arrested has committed an offence that is punishable to death or life imprisonment or when a person is trying to unnecessarily resist himself from arrest by turning violent and aggressive.
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