What are the rights of an arrested person?
Dated: 2024-04-27 12:07:58
What are my rights in case I get arrested?
Answers by Lawyers
A person is arrested in order to ensure his presence at the trial in connection with any offences to which he is directly or indirectly connected or to prevent the commission of a criminal offence. In law, there is principle of “presumption of innocence till he has proven guilty” and it requires a person arrested to be treated with humanity, dignity and respectfully till his guilt is proof.
Listed below are some of the rights of an arrested person, that must be known to him/her :
- Right to be informed of ground of arrest under section Section 50 (1) of Code of Criminal Procedure.
- Obligation of person making arrest to inform about the arrest etc. to a nominated person under section Section 50 A of Code of Criminal Procedure.
- Right to be informed of his/her right to bail under Section 50 (2) of Code of Criminal Procedure.
- Right to be produced before the Magistrate without delay under Section 56 of Code of Criminal Procedure.
- Right of not being detained for more than twenty-four hours under Section 76 of Code of Criminal Procedure.
- Right of not being detained for more than twenty-four hours without judicial scrutiny under Section 57 of Code of Criminal Procedure.
- Right to know the grounds of arrest under Section 50(1) of Code of Criminal Procedure.
- Right to Medical Examination by a medical officer under Section 54 of Code of Criminal Procedure.
- Right to meet an advocate of his choice during interrogation under Section 41-D of Code of Criminal Procedure.
- Right to enjoy good health and safety under Section 55-A of Code of Criminal Procedure.
- Right to nominate a person or to have a relative or a friend named by him to be informed of his arrest under Section 41-B of Code of Criminal Procedure.
- Right to obtain copies of FIR and Chargesheet from the Police officer under Section 207 of Code of Criminal Procedure.
There are also certain rights that are granted by the Constitution of India to the people of this country which can come to their rescue when they are accused and as per the guidelines given by Supreme Court in the case of “D.K. Basu vs. State of West Bengal”, these Constitutional Rights of Accused are as follows:-
- Right to double jeopardy i.e. expose to loss or injury for double time under Article 20(2) of the Constitution of India.
- Right not to be compelled to be a witness against himself under Article 20(3) of the Constitution of India.
- Right of fair and speedy trial under Article 21 of the Constitution of India.
- No accused shall be deprived of his personal liberty except by the procedures established by Law under Article 21 of the Constitution of India.
- Article 22 of the Constitution of India guarantees four rights to a person who is arrested for any offence under ordinary law –
a. The right to be informed about the ground of arrest as soon as possible,
b. The right to consult and to be represented by a lawyer of his own choice,
c. The right to be produced before a Magistrate within 24 hours,
d. The freedom from detention beyond the 24 hours except by the order of the Magistrate.
- Right to Silence.
- Right of arrested person to communicate to the Magistrate of any torture done by the police officer when produced before the Magistrate.
Hence it can be concluded by stating that, the sufferance of the victim can be avoided if our law system and police while investigating the case should be very particular about the case and that it is the duty upon the Court of Law that it should not violate the right of liberty of any innocent person and at the same time also not infringes the rights of victims.
Minal B Khona