Rights of Accused and Arrested Person in India
भारत में अभियुक्त और गिरफ्तार व्यक्ति के अधिकार:-
Not only in India but almost in every democratic country, the person accused of some offense also gets sufficient protection from the law.
It is because an accused person may be the criminal and may not be until it’s proven. So that is why every person has the right to get a free and fair trial in front of an impartial court.
This idea comes from the concept of Natural Justice, where even a guilty person is treated with human treatment.
The basic right which an accused get is mentioned in the Constitution of India itself, which itself indicated the importance of these rights. The justice system in India revolves around the idea that even hundreds of persons get unpunished, but an in-accused person should never get the punishment.
What is Arrest?
Arrest means taking the body of an accused person into custody. It is like preventing a person from moving out of custody from the police. Whenever a police officer restricts the liberty of an accused person in such a way that the accused cannot move, it means the police have arrested the accused.
It does not mean that the person must be tied with a handcuff or something else. Just the restriction of movement is enough to be called as arrested.
Rights available for the arrested person
To meet an advocate of his or her choice.
Section 41D of CrPC allows the arrested person to meet the advocate of his choice during the interrogation.
Right to Know the Ground of Arrest
It is a very basic right available for the accused person that he or she can know the grounds of arrest, and vice-versa it is the duty of the police officer to inform the grounds of arrest to the accused person. This provision is mentioned in section 50(1) of CrPC.
Information regarding the right to be released on Bail
According to Section 50(2) of CrPC, whenever the police want to arrest a person for a bailable offense, then it will be the duty of the police officer to communicate with the accused person regarding the right to get bail.
Right to inform a relative or a friend
According to article Section 50 A of CrPC, the accused person has the right to inform their relative or his friend about his arrest. It is the duty of the police officer to communicate to the accused about the right to inform about your arrest to your near relative.
If the accused person mentions the name to whom he or she wants to inform, then the police will allow communicating. So it will become easy for the relative to initiate the bail procedure.
Right for not being detained for more than 24 hours
Section 57 of CRPC provides a right not to be detained for more than 24 hours without judicial scrutiny. It means whenever the police arrest the accused person, police cannot detain the person for more than 24 hours without the order of the magistrate. And it is the duty of the police to present the accused in front of a magistrate within 24 hours.
If the police fail to produce the accused person in front of the magistrate, then the entire period of custody will be declared as illegal detention. And the police will be held liable for that.
Right to consult a legal practitioner
This particular right is provided by Article 22 (1) of the Indian Constitution. It is the very basic right available for the accused person that he or she can consult a legal practitioner or advocate. The accused person can hire or consult any advocate of his choice, and there is no restriction in this regard.
Right of Free Legal Aid
Article 21 of the Indian Constitution provides the right to live and personal liberty, under which a fundamental right called the right to free legal aid comes. It means it will be the duty of the court to provide free legal aid to the accused if he or she is unable to engage a lawyer due to lack of money.
Right to be examined by a Medical Practitioner.
Sometimes it is possible that the medical examination may prove the accused person innocent. That is why Section 54 of CRPC has a provision for to right to be examined by a medical practitioner. The report can be later used as evidence. The accused person himself can ask for the examination by a medical practitioner.
Right to produce evidence
The accused person has the right to produce evidence. There is one Principle of natural justice that says, “No party should be condemned unheard.” Whenever the court decides a matter, it always gives the verdict after hearing both sides. So accused have a right to produce evidence in his or her favor.
Right to a fair trial
Whenever courts decide on any matter, the court must observe the Principle of a fair trial. It means in every case. The court has to provide the same set of rights to both the parties, whether it is prosecution or the defense, to put their case effectively.
So these were the Rights of Arrested and Accused Person. We hope you have found the article informational. But if you have any doubts regarding these rights, then leave your question in the comments below.
It is because an accused person may be the criminal and may not be until it’s proven. So that is why every person has the right to get a free and fair trial in front of an impartial court.
This idea comes from the concept of Natural Justice, where even a guilty person is treated with human treatment.
The basic right which an accused get is mentioned in the Constitution of India itself, which itself indicated the importance of these rights. The justice system in India revolves around the idea that even hundreds of persons get unpunished, but an in-accused person should never get the punishment.
What is Arrest?
Arrest means taking the body of an accused person into custody. It is like preventing a person from moving out of custody from the police. Whenever a police officer restricts the liberty of an accused person in such a way that the accused cannot move, it means the police have arrested the accused.
It does not mean that the person must be tied with a handcuff or something else. Just the restriction of movement is enough to be called as arrested.
Rights available for the arrested person
To meet an advocate of his or her choice.
Section 41D of CrPC allows the arrested person to meet the advocate of his choice during the interrogation.
Right to Know the Ground of Arrest
It is a very basic right available for the accused person that he or she can know the grounds of arrest, and vice-versa it is the duty of the police officer to inform the grounds of arrest to the accused person. This provision is mentioned in section 50(1) of CrPC.
Information regarding the right to be released on Bail
According to Section 50(2) of CrPC, whenever the police want to arrest a person for a bailable offense, then it will be the duty of the police officer to communicate with the accused person regarding the right to get bail.
Right to inform a relative or a friend
According to article Section 50 A of CrPC, the accused person has the right to inform their relative or his friend about his arrest. It is the duty of the police officer to communicate to the accused about the right to inform about your arrest to your near relative.
If the accused person mentions the name to whom he or she wants to inform, then the police will allow communicating. So it will become easy for the relative to initiate the bail procedure.
Right for not being detained for more than 24 hours
Section 57 of CRPC provides a right not to be detained for more than 24 hours without judicial scrutiny. It means whenever the police arrest the accused person, police cannot detain the person for more than 24 hours without the order of the magistrate. And it is the duty of the police to present the accused in front of a magistrate within 24 hours.
If the police fail to produce the accused person in front of the magistrate, then the entire period of custody will be declared as illegal detention. And the police will be held liable for that.
Right to consult a legal practitioner
This particular right is provided by Article 22 (1) of the Indian Constitution. It is the very basic right available for the accused person that he or she can consult a legal practitioner or advocate. The accused person can hire or consult any advocate of his choice, and there is no restriction in this regard.
Right of Free Legal Aid
Article 21 of the Indian Constitution provides the right to live and personal liberty, under which a fundamental right called the right to free legal aid comes. It means it will be the duty of the court to provide free legal aid to the accused if he or she is unable to engage a lawyer due to lack of money.
Right to be examined by a Medical Practitioner.
Sometimes it is possible that the medical examination may prove the accused person innocent. That is why Section 54 of CRPC has a provision for to right to be examined by a medical practitioner. The report can be later used as evidence. The accused person himself can ask for the examination by a medical practitioner.
Right to produce evidence
The accused person has the right to produce evidence. There is one Principle of natural justice that says, “No party should be condemned unheard.” Whenever the court decides a matter, it always gives the verdict after hearing both sides. So accused have a right to produce evidence in his or her favor.
Right to a fair trial
Whenever courts decide on any matter, the court must observe the Principle of a fair trial. It means in every case. The court has to provide the same set of rights to both the parties, whether it is prosecution or the defense, to put their case effectively.
So these were the Rights of Arrested and Accused Person. We hope you have found the article informational. But if you have any doubts regarding these rights, then leave your question in the comments below.
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